WINDY LUCIUS V. TORRID, LLC CORP

    Plaintiff

    • Name: Windy Lucius
    • Filing date: April 30, 2019
    • State of filing: Florida

    Defendant

    • Name: Torrid, LLC
    • Website: www.torrid.com
    • Industry: Apparel
    • Summary: Torrid, LLC sells women's apparel and accessories at brick and mortar retail stores and via its website.

    Case Summary

    On April 30, 2019, Windy Lucius filed a Complaint in Florida Federal court against Torrid, LLC. Plaintiff Windy Lucius alleges that www.torrid.com is not accessible per the WCAG 2.0 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Website did not integrate with Plaintiff’s software, nor was there any function within the website to permit access for
      visually impaired individuals through other means. Her shopping attempts were rendered futile;
    • Selection drop-down menu not accessible without a
      mouse.

    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:

    • A Declaratory Judgment that at the commencement of this action Defendant was in violation of the specific requirements of Title III of the ADA described above, and the relevant implementing regulations of the ADA, in that
      Defendant took no action that was reasonably calculated to ensure that its website is fully accessible to, and independently usable by, blind individuals;
    • A permanent injunction pursuant to 42 U.S.C. § 12188(a)(2) and 28 CFR § 36.504 (a) which directs Defendant to take all necessary to brings its website into full compliance with the requirements set forth in the ADA, and
      its implementing regulations, so that its website is fully accessible to, and independently usable by, blind individuals, and which further directs that the Court shall retain jurisdiction for a period to be determined to ensure that
      Defendant has adopted and is following an institutional policy that will in fact cause Defendant to remain fully in compliance with the law;
    • Payment of costs of suit;
    • Payment of reasonable attorneys’ fees, pursuant to 42 U.S.C. § 12205 and 28 CFR
      § 36.505; and,
    • The provision of whatever other relief the Court deems just, equitable and appropriate.

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