OPEN ACCESS FOR ALL, INC. v. ULTA SALON, COSMETICS & FRAGRANCE, INC.

    Plaintiff

    • Name: Open Access For All, Inc.
    • Filing date: March 22, 2019
    • State of filing: Florida

    Defendant

    • Name: Ulta Salon, Cosmetics & Fragrance, Inc.
    • Website: www.ulta.com
    • Industry: Beauty
    • Summary: Ulta Salon, Cosmetics & Fragrance, Inc. is a chain of beauty stores, selling cosmetics, fragrances, skin and hair care products, appliances, and accessories.

    Case Summary

    On March 22, 2019, Open Access For All, Inc. filed a Complaint in Florida Federal court against Ulta Salon, Cosmetics & Fragrance, Inc.. Plaintiff Open Access For All, Inc. alleges that www.ulta.com is not accessible per the WCAG 2.0 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Defendant’s Website and APP is not designed with consideration for Universal design

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

    • Violations of the ADA

    Plaintiff seeks the following relief by way of its Complaint:

    • The Court issue a declaratory judgment that Defendant has violated Plaintiff’s rights as guaranteed by the ADA
    • The Court enter an Order requiring Defendant to update its www.ulta.com website and APP to remove barriers in order that individuals with visual disabilities can access the Website and effectively communicate with the Website to the full extent required by Title III of the ADA
    • The Court enter an Order requiring Defendant to clearly display the universal disabled logo and indication of website accessibility (standard WCAG 2.0) within its Website and APP. Such a clear display is to insure that individuals who are disabled are aware of the availability of the accessible features of the www.ulta.com website and APP
    • The Court enter an Order compelling Defendant to contract with an independent ADA expert/consultant for the purposes of that ADA expert/consultant review Defendant’s policies, practices and procedures for five years commencing from the date of the Court’s Order to insure that Defendant is in compliance with the ADA
    • The Court enter an order requiring Defendant to retain an accessibility coordinator and a third party consultant to review and guide Defendant through its accessibility creation and procedures to insure compliance thereto
    • The Court enter an order requiring Defendant to provide ongoing support for web accessibility by implementing a website and APP accessibility coordinator, a website application accessibility policy, and providing for website accessibility feedback to insure compliance thereto
    • The Court enter an Order directing Defendant to evaluate its policies, practices and procedures toward persons with disabilities, for such reasonable time so as to allow Defendant to undertake and complete corrective procedures to the Website and APP
    • The Court award damages in an amount to be determined at trial
    • The Court to award Plaintiff reasonable litigation expenses and attorneys’ fees
    • That the Court award such other and further relief as it deems necessary, just and proper

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