THOMAS J. OLSEN V. CUYANA, INC.,

    Plaintiff

    • Name: THOMAS J. OLSEN
    • Filing date: February 25, 2019
    • State of filing: New York

    Defendant

    • Name: CUYANA, INC.,
    • Website: www.cuyana.com
    • Industry: Apparel
    • Summary: Cuyana, Inc. sells clothing, purses, and accessories in brick and mortar retail stores as well as through the website.

    Case Summary

    On February 25, 2019, THOMAS J. OLSEN filed a Complaint in New York Federal court against CUYANA, INC.,. Plaintiff THOMAS J. OLSEN alleges that www.cuyana.com is not accessible per the WCAG 2.0 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Lack of alt-text for images.
    • Links use general text of “Click Here” without surrounding text explaining the link purpose.
    • Frames do not have a title.
    • Some pages have the same title, so the title cannot be used to distinguish pages.
    • Webpages have duplicate IDs which cause problems in screen readers.
    • Radio button groups are not contained in a fieldset element.
    • Form field labels are not unique on a page, or enclosed in a fieldest with a legend that makes the label unique.
    • Links use general text like “Click Here” which does not explain the link purpose.
    • Several links on a page share the same link text but go to a different destination.
    • Webpages have markup errors.

    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, and
    • 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 Cuyana from violating Title III of the ADA, 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 Cuyana to take all the steps necessary to make its Website into full compliance with the requirements set forth in Title III of the ADA, and its implementing regulations, so that the Website is readily accessible to and usable by blind individuals;
    • A declaration that Cuyana owns, maintains and/or operates the Website in a manner that discriminates against the blind and which fails to provide access for persons with disabilities as required by ADA, 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 Subclasses 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 damages in an amount to be determined by proof, including all applicable statutory damages, punitive damages and fines;
    • Pre- and post-judgment interest;
    • 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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