FERNANDEZ v. DAN'S FAN CITY, INC.

    Plaintiff

    • Name: Nelson Fernandez
    • Filing date: December 8, 2020
    • State of filing: Florida

    Defendant

    • Name: Dan's Fan City, Inc.
    • Website: www.dansfancity.com
    • Industry: Consumer Goods
    • Summary: Dan's Fan City, Inc. sells residential fans, ceiling fans, and related items at retail and via its website.

    Case Summary

    On December 8, 2020, Nelson Fernandez filed a Complaint in Florida Federal court against Dan's Fan City, Inc.. Plaintiff Nelson Fernandez alleges that www.dansfancity.com is not accessible per the WCAG 2.0 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Site function like quantity option mislabeled as group;
    • Product price is not labeled to integrate with the screen reader;
    • Product description is not labeled to integrate with the screen reader
    • Website also lacks prompting information and accommodations necessary to allow visually disabled individuals who use screen reader software to locate and accurately fill out online forms to purchase Defendant’s merchandise 

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

    • VIOLATION OF THE ADA
    • TRESPASS

    Plaintiff seeks the following relief by way of its Complaint:

    • A declaration that Defendant’s Website is in violation of the ADA;
    • An Order requiring Defendant, by a date certain, to update the Website, and continue to monitor and update the Website on an ongoing basis, to remove barriers in order that individuals with visual disabilities can access, and continue to access, the Website and effectively communicate with the Website to the full extent required by Title III of the
      ADA;
    • An Order requiring Defendant, by a date certain, to clearly display the universal
      disabled logo within the Website, wherein the logo1 would lead to a page which would state Defendant’s accessibility information, facts, policies, and accommodations. Such a clear display of the disabled logo is to ensure that individuals who are disabled are
      aware of the availability of the accessible features of the Website;
    • An Order requiring Defendant, by a date certain, to provide ongoing support for web accessibility by implementing a website accessibility coordinator, a website application accessibility policy, and providing for website accessibility feedback to ensure
      compliance thereto;
    • An Order directing Defendant, by a date certain, to evaluate its policies, practices and
      procedures toward persons with disabilities, for such reasonable time to allow
      Defendant to undertake and complete corrective procedures to its Website;
    • An Order directing Defendant, by a date certain, to establish a policy of web accessibility and accessibility features for the Website to ensure effective
      communication for individuals who are visually disabled;
    • An Order requiring, by a date certain, that any third-party vendors who participate on
      Defendant’s Website to be fully accessible to the visually disabled;
    • An Order directing Defendant, by a date certain and at least once yearly thereafter, to provide mandatory web accessibility training to all employees who write or develop programs or code for, or who publish final content to, the Website on how to conform all web content and services with ADA accessibility requirements and applicable accessibility guidelines;
    • An Order directing Defendant, by a date certain and at least once every three months
      thereafter, to conduct automated accessibility tests of the Website to identify any instances where the Website is no longer in conformance with the accessibility requirements of the ADA and any applicable accessibility guidelines, and further directing Defendant to send a copy of the twelve (12) quarterly reports to Plaintiff’s counsel for review;
    • An Order directing Defendant, by a date certain, to make publicly available and directly
      link from the Website homepage, a statement of Defendant’s Accessibility Policy to ensure the persons with disabilities have full and equal enjoyment of the Website and shall accompany the public policy statement with an accessible means of submitting accessibility questions and problems;
    • An award to Plaintiff of her reasonable attorney’s fees, costs, and expenses; and
    • Such other and relief as the Court deems just and equitable.

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