MAHLBERG v. THE FRAGRANCE OUTLET, INC.

    Plaintiff

    • Name: Ryamond T. Mahlberg
    • Filing date: July 10, 2019
    • State of filing: Florida

    Defendant

    • Name: The Fragrance Outlet, Inc.
    • Website: www.fragrenceoutlet.com
    • Industry: Beauty
    • Summary: The Fragrance Outlet, Inc. owns and operates over 100 Fragrance Outlet and Designer Fragrances stores.

    Case Summary

    On July 10, 2019, Ryamond T. Mahlberg filed a Complaint in Florida Federal court against The Fragrance Outlet, Inc. . Plaintiff Ryamond T. Mahlberg alleges that www.fragrenceoutlet.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:

    Defendant’s Website https://www.fragranceoutlet.com was inaccessible, so Plaintiff could not (among other things):

    • Find out about how to register and create an account online to purchase The Fragrance Outlet gift kit and pick up at the nearest store
    • Shop and purchase The Fragrance Outlet designers’ cosmetics and fragrances online and pick it up at the nearest The Fragrance Outlet store
    • Learn about The Fragrance Outlet merchandise inventory for the purpose of then going to a local The Fragrance Outlet store to try on new fragrances and purchase

    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 INVICTA’s website to ensure that it remains fully accessible to and usable by visually impaired individuals
    • That the Court issue an Order for Defendants to continuously monitor and maintain their computer website to ensure that it is readily accessible to and usable by persons with vision impairment
    • 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 Order directing Defendants to continually update their website to ensure that it remains fully accessible to and usable by visually impaired individuals
    • That the Court enter an award of attorney’s fees, costs and litigation expenses pursuant to 42 U.S.C. § 12205

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