MAHLBERG v. CHICO'S FAS INC.

    Plaintiff

    • Name: Raymond T. Mahlberg
    • Filing date: July 9, 2020
    • State of filing: Florida

    Defendant

    • Name: Chico's FAS, Inc.
    • Website: www.chicos.com
    • Industry: Apparel
    • Summary: Chico's FAS is an American women's clothing and accessories retailer

    Case Summary

    On July 9, 2020, Raymond T. Mahlberg filed a Complaint in Florida Federal court against Chico's FAS, Inc. . Plaintiff Raymond T. Mahlberg alleges that www.chicos.com is not accessible per the WCAG 2.0, WCAG 2.1 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    Plaintiff was unable to do the following on the website: 

    • Find out about CHICOS clothing for sale at the store and online
    • Locate CHICOS stores
    • Learn about the CHICOS gift card for sale
    • Learn about CHICOS Privacy Policy
    • Plaintiff attempted to locate an Accessibility Notice on Defendant's mobile and  computer website which would direct him to a webpage with contact information for disabled individuals who have questions, concerns, or who are having difficulties communicating with the business. However, Plaintiff was unable to do so because no such link or notice was provided on the website

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

    • VIOLATIONS OF THE AMERICANS WITH DISABILITIES ACT

    Plaintiff seeks the following relief by way of its Complaint:

    • That the Court issue a Declaratory Judgment that determines that the Defendants' website at the commencement of the subject lawsuit is in violation of Title III of the Americans with Disabilities Act, 42 U.S.C. § 12181 et seq.
    • That the Court enter an Order directing Defendants to continually update and maintain their computer version of the defendant’s website and Chico's website to ensure that it remains fully accessible to and usable by visually impaired individuals
    • That the Court issue an Injunctive relief order directing Defendants to alter their website to make it accessible to, and useable by, individuals with disabilities to the full extent required by Title III of the ADA
    • That the Court enter an Order directing Defendants to evaluate and neutralize their policies and procedures towards persons with disabilities for such reasonable time so as to allow Defendants to undertake and complete corrective procedures.
    • That the Court enter an award of attorney’s fees, costs and litigation expenses pursuant to 42 U.S.C. § 12205; and Title III of the ADA Section 36.505

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