Plaintiff
- Name: Marcos Calcano
- Filing Date: December 22, 2025
- Court: United States District Court Southern District of New York
- State: New York
- Attorney Firm: Gottlieb & Associates PLLC
Defendant
- Name: With Jean USA, LLC
- Website: withjean.com
- Industry: Apparel
- Standards Cited: WCAG 2.0
- Summary: Operates an online retail store offering clothing and accessories, including information about products, pricing, and policies.
Case Summary
According to the complaint, Marcos Calcano, a visually-impaired individual, is suing With Jean USA, LLC for failing to make its website, https://withjean.com, accessible to blind users. The plaintiff alleges that the website contains numerous barriers that prevent him from accessing information about products, including clothing and accessories, and completing purchases. The complaint cites violations of the Americans with Disabilities Act (ADA) and seeks a permanent injunction to require the defendant to improve website accessibility, along with compensatory damages for the alleged discrimination.
Causes of Action
- Violations of the ADA
- Violations of the NYSHRL
- Violations of the NYCHRL
- Violation of GBL § 349
Key Allegations
- Defendant's website is not accessible to blind and visually-impaired individuals.
- Plaintiff encountered multiple access barriers while attempting to use the website.
- Defendant has failed to comply with the ADA and other relevant laws regarding website accessibility.
Requested Relief
- A permanent injunction requiring Defendant to make its Website accessible to blind individuals.
- Compensatory damages for violations of civil rights under New York State Human Rights Law and GBL § 349.
- Reasonable attorneys’ fees and costs.
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 offered by Defendant’s Website, during the relevant statutory period.
Jurisdiction & Venue
The Court has subject-matter jurisdiction under 28 U.S.C. § 1331 and 42 U.S.C. § 12181, as Plaintiff’s claims arise under Title III of the ADA and related state laws.