MAHLBERG v. NAUTICA RETAIL USA LLC

    Plaintiff

    • Name: Raymond T. Mahlberg
    • Filing date: June 8, 2020
    • State of filing: Florida

    Defendant

    • Name: Nautica Retail USA LLC
    • Website: www.kipling-usa.com
    • Industry: Apparel
    • Summary: Kipling, a subsidiary of Nautica, manufactures and sells handbags, backpacks, laptop bags, and related bags and accessories

    Case Summary

    On June 8, 2020, Raymond T. Mahlberg filed a Complaint in Florida Federal court against Nautica Retail USA LLC. Plaintiff Raymond T. Mahlberg alleges that www.kipling-usa.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:

    • All image elements must have an alt attribute. WCAG 2.0 A F65
    • Each a element must contain text or an img with an alt attribute. WCAG 2.0 A F89
    • All fields in a group of input fields (for example phone numbers) need a label. WCAG 2.0 A F86.
    • All fieldset elements should be labeled with legend elements. WCAG 2.0 H71
    • Button elements containing only an img must have an alt attribute on the imgage
    • link elements must have an accessible name. WCAG 2.0 A F65.
    • alt text should not contain placeholders like 'picture' or 'spacer'. WCAG 2.0 A F30

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

    Americans with Disabilities Act, 42 U.S.C. § 12181 et seq. 

    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 KIPLING’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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