MARION KILER V. HP INC.

    Plaintiff

    • Name: Marion Kiler
    • Filing date: February 15, 2019
    • State of filing: New York

    Defendant

    • Name: HP, Inc.
    • Website: www.store.hp.com
    • Industry: Consumer Goods
    • Summary: HP, Inc. is an American multinational information technology company that produces and sells personal computers, printers, and technology solutions.

    Case Summary

    On February 15, 2019, Marion Kiler filed a Complaint in New York Federal court against HP, Inc.. Plaintiff Marion Kiler alleges that www.store.hp.com is not accessible per the WCAG 2.1 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Denial of keyboard access to key functions;
    • The inability to access the main content; and
    • The lack of a visible keyboard focus indicator.

    Plaintiff asserts the following cause(s) of action in its Complaint:

    Americans with Disabilities Act, 42 U.S.C. § 12181 et seq. 

    New York State Human Rights Law

    New York City Human Rights Law

    New York State Civil Rights Law

    Declaratory Relief

    Plaintiff seeks the following relief by way of its Complaint:

    • A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York;
    • A preliminary and permanent injunction requiring Defendant to take all the steps necessary to make the Website into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that the Website is readily accessible to and usable by blind individuals;
    • A declaration that Defendant own and/or maintains the Website in a manner which discriminates against the blind and which fails to provide access for persons with disabilities as
      required by Americans with Disabilities Act, 42 U.S.C. § 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York;
    • An order certifying this case as a class action under Fed. R. Civ. P. 23(a) & (b)(2) and/or (b)(3), appointing Plaintiff as Class Representative, and her attorneys as Class Counsel;
    • Compensatory damages in an amount to be determined by proof, including all applicable statutory damages and fines, to Plaintiff and the proposed subclass for violations of their civil rights under New York State Human Rights Law and City Law;
    • Plaintiff’s reasonable attorneys’ fees, statutory damages, expenses, and costs of suit as provided by state and federal law;
    • For pre- and post-judgment interest to the extent permitted by law; and
    • Such other and further relief as the Court deems just and proper

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