Plaintiff
- Name: Mary Conner
- Filing date: January 31, 2019
- State of filing: New York
Defendant
- Name: Morphe, LLC
- Website: www.morphebrushes.com
- Industry: Consumer Goods
- Summary: Makeup and cosmetics sales
Case Summary
On January 31, 2019, Mary Conner filed a Complaint in New York Federal court against Morphe, LLC. Plaintiff Mary Conner alleges that www.morphebrushes.com is not accessible per the WCAG 2.1, Section 508 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
Pop-window from home page skipped by screen reader
Many images not labeled correctly
Lack of accessible image maps and navigation links
Requires the use of a mouse to complete a transaction
Plaintiff asserts the following cause(s) of action in its Complaint:
Violation of 42 U.S.C. §§ 12181 et seq. – Title III of the Americans with Disabilities Act
Violation of New York State Human Rights Law, N.Y. Exec. Law Article 15 (Executive Law § 292 et seq.)
Violation of New York State Civil Rights Law, NY CLS Civ R, Article 4 (CLS Civ R § 40 et seq.)
Violation of New York City Human Rights Law, N.Y.C. Administrative Code § 8-102, et seq
Declaratory Relief
Plaintiff seeks the following relief by way of its Complaint:
a) 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., and N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York;
b) A preliminary and permanent injunction requiring Defendant to take all the steps necessary to make its website, Morphebrushes.com, into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that Morphebrushes.com is readily accessible to and usable by blind individuals;
c) A declaration that Defendant owns, maintains and/or operates its website, Morphebrushes.com, 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., and N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York;
d) 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 his attorneys as Class Counsel;
e) An order directing Defendant to continually update and maintain its website to ensure that it remains fully accessible to and usable by the visually-impaired;
f) Compensatory damages in an amount to be determined by proof, including all applicable statutory damages and fines, to Plaintiff and the proposed class for violations of their civil rights under New York State Human Rights Law and City Law;
g) Plaintiff’s reasonable attorneys’ fees, expenses, and costs of suit as provided by state and federal law;
h) For pre- and post-judgment interest to the extent permitted by law; and
i) For such other and further relief which this court deems just and proper.
