Kevin Orcel v. GT Music, Inc.

Case Summary

According to the complaint, Kevin Orcel, a visually impaired individual, is suing GT Music, Inc. for failing to make its website, www.themusicden.com, accessible under the Americans with Disabilities Act (ADA). Orcel alleges that he encountered numerous barriers while attempting to access the website to purchase a guitar, which prevented him from enjoying the same shopping experience as sighted individuals. The complaint cites specific access issues, including missing alt-text and broken links, and seeks a permanent injunction requiring the defendant to comply with accessibility standards. Orcel represents a class of legally blind individuals who have faced similar issues accessing the website.

Causes of Action

• Violations of the ADA, 42 U.S.C. § 12182 et seq.
• Declaratory Relief

Key Allegations

• Defendant's website is not accessible to blind and visually impaired individuals.
• Plaintiff encountered multiple access barriers preventing him from purchasing products.
• Defendant has failed to comply with WCAG 2.1 guidelines.

Requested Relief

• A preliminary and permanent injunction to prohibit Defendant from violating the ADA.
• An order requiring Defendant to make its website fully compliant with the ADA.
• A declaration that Defendant's website discriminates against the blind.
• Certification of the Class under Fed. R. Civ. P. 23.
• Payment of nominal damages.
• Pre- and post-judgment interest.
• An award of costs and expenses of this action together with reasonable attorneys’ and expert fees.

Proposed Class

All legally blind individuals in the United States who have attempted to access Defendant’s Website and as a result have been denied access to the equal enjoyment of goods and services, during the relevant statutory period.

Jurisdiction & Venue

This Court has subject-matter jurisdiction under 28 U.S.C. § 1331 and 42 U.S.C. § 12182.