PETERSEN v. EILEEN FISHER, INC

    Plaintiff

    • Name: Raymond T. Mahlberg
    • Filing date: October 4, 2020
    • State of filing: Florida

    Defendant

    • Name: Eileen Fisher Inc
    • Website: www.eileenfisher.com
    • Industry: Apparel
    • Summary: Eileen Fisher is a fashion label manufacturing and selling womens apparel, shoes, and accessories and most known for its boiled sheep wool clothing.

    Case Summary

    On October 4, 2020, Raymond T. Mahlberg filed a Complaint in Florida Federal court against Eileen Fisher Inc. Plaintiff Raymond T. Mahlberg alleges that www.eileenfisher.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:

    • Find out about Eileen Fisher fashion  available online or at the store; since Plaintiff appreciates it and purchases on a regular basis;
    • Locate Eileen Fisher  stores near Plaintiff’s home;
    • Learn about buying Jo-Ann’s weakly coupons and ad;
    • Plaintiff attempted to locate an “Accessibility Notice” on Defendant’s 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 Defendant’s website.

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

    42 USC 12182 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 Jo-Ann’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 Defendant 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 Defendant 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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