CRUZ v. LIVINGSOCIAL, LLC

    Plaintiff

    • Name: Shael Cruz
    • Filing date: February 19, 2020
    • State of filing: New York

    Defendant

    • Name: Livingsocial, LLC
    • Website: www.livingsocial.com
    • Industry: Consumer Goods
    • Summary: Livingsocial operates the website, livingsocial.com, and the related app, offering coupons and discounts to a wide variety of retailers and a mechanism for sharing deals via social media.

    Case Summary

    On February 19, 2020, Shael Cruz filed a Complaint in New York Federal court against Livingsocial, LLC. Plaintiff Shael Cruz alleges that www.livingsocial.com is not accessible per the WCAG 2.1 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Many features on the Website lacks alt. text, which is the invisible code embedded beneath a graphical image.
    • Many features on the Website also fail to contain a proper label element or title attribute for each field.
    • Many pages on the Website also contain the same title elements.
    • The Website also contains a host of broken links, which is a hyperlink to a nonexistent or empty webpage.

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

    • Americans with Disabilities Act, 42 U.S.C. § 12181 et seq. 
    • New York State Human Rights Law
    • New York City Human Rights Law
    • Declaratory Relief

    Plaintiff seeks the following relief by way of its Complaint:

    • A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Admin. Code § 8-107, et seq. and the laws of New York;
    • A preliminary and permanent injunction requiring Defendant to take all the steps necessary to make its Website into full compliance with requirements set forth in the ADA and its implementing regulations, so that the Website is readily accessible to and usable by blind individuals;
    • A declaration that Defendant owns, maintains and/or operates its Website in a manner that discriminates against the blind and which fails to provide access for persons with disabilities as required by Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Admin. Code § 8-107, et seq. and the laws of New York;
    • An order certifying the Class and the State and City Sub-Classes under Fed. R. Civ. P. 23(a) & (b)(2) and/or (b)(3), appointing Plaintiff as Class Representative, and his attorneys as Class Counsel;
    • Compensatory and damages in an amount to be determined by proof, including all applicable statutory and punitive damages and fines, to Plaintiff and the proposed class for violations of their civil rights under the New York State Human Rights Law and New York City Law;
    • Pre- and post-judgment interest;
    • An award of costs and expenses of this action together with
      reasonable attorneys’ and expert fees; and
    • Such other and further relief as this Court deems just and proper. 

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