Plaintiff
- Name: Windy Lucius
- Filing date: May 20, 2020
- State of filing: Florida
Defendant
- Name: Sildan Corporation d/b/a Illesteva
- Website: www.illesteva.com
- Industry: Consumer Goods
- Summary: Sildan Corporation operates Illesteva, which is an independently owned eyewear brand.
Case Summary
On May 20, 2020, Windy Lucius filed a Complaint in Florida Federal court against Sildan Corporation d/b/a Illesteva. Plaintiff Windy Lucius alleges that www.illesteva.com is not accessible.
Case Details
Plaintiff alleges issues in its Complaint including the following:
- The 25% off ad at the top of the homepage has the same title as the other image next to it: "Read More." The percent off, coupon code or other info is not accessible to screen-reader users and they cannot tell that a special is available.
- After completing the form, a blind user must skip the Continue button and not submit the form.
- After entering the promo code, the focus does not move back to the Continue button
- The value of the gift card is shown on the card image and it's embedded in the Add to Cart button, but neither are announced to screen-reader users
- The photo process is not announced to screen-reader users.
- Disabled users are not notified about the timer or that an item was added.
Plaintiff asserts the following cause(s) of action in its Complaint:
- TITLE III OF THE AMERICANS WITH DISABILTITIES ACT
Plaintiff seeks the following relief by way of its Complaint:
- The Court issue a Declaratory Judgment that determinesthat the Defendant's 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.
- The Court issue a Declaratory Judgment that determinesthat theDefendant's website is in violation of Title III of the Americans with Disabilities Act, 42 U.S.C. § 12181 et seq.
- The Court issue a Declaratory Judgment that Defendant has violated the ADA by failing to monitor and maintain its website to ensure that it is readily accessible to and usable by persons with vision impairment
- That this Court issue an Order directing Defendant to alter its website to make it accessible to, and useable by, individuals with disabilities to the full extent required by Title III of the ADA within 45 days of the Court entering an order
- That this Court enter an Order directing Defendant to evaluate and neutralize its policies and procedures towards persons with disabilities for such reasonable time so as to allow Defendant to undertake and complete corrective procedures
- That this Court enter an Order directing Defendant to continually update and maintain its website to ensure that it remains fully accessible to and usable by visually impaired individuals
- That this Honorable Court grant monetary damages to compensate the Plaintiff for the costs incurred when Defendant wrongfully failed to provide a service that was equally accessible to persons with vision disabilities to compensate for the emotional distress, embarrassment and experienced due to Defendant’s breach of its duties
- An award of attorney’s fees, costs and litigation expenses pursuant to 42 U.S.C. § 12205
- Such other relief as the Court deems just and proper, and/or is allowable under Title III of the Americans with Disabilities Act.
