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Andre Battle v. Movado Group, Inc.

Filed

Case details

Standards cited
WCAG 2.2

Summary

According to the complaint, Andre Battle, a visually-impaired individual, is suing Movado Group, Inc. for failing to make their website, Mvmt.com, accessible to blind users, violating the Americans with Disabilities Act (ADA). The complaint alleges that the website contains significant barriers that prevent blind individuals from completing transactions, such as ambiguous link texts and a requirement to use a mouse. Battle seeks a permanent injunction to require Movado Group to make the website accessible and compensatory damages for the discrimination faced. The case is filed as a class action on behalf of all legally blind individuals in the U.S. who have faced similar issues accessing the website.

About the defendant

Offers a wide array of goods and services including watches, sunglasses, jewelry, and other fashion accessories for online purchase.

What the complaint says

The problems the plaintiff describes with the website.

  • Mvmt.com is inaccessible to blind and visually-impaired individuals due to various barriers.
  • Plaintiff was unable to complete a purchase on Mvmt.com due to accessibility issues.
  • Defendant has failed to take necessary steps to make the website accessible.

Legal claims

The laws the plaintiff says the defendant broke, called causes of action.

  • Violation of 42 U.S.C. §§ 12181 et seq. - Title III of the Americans with Disabilities Act
  • Declaratory Relief
  • Negligent Infliction of Emotional Distress

What the plaintiff asks for

What the plaintiff wants the court to order.

  • Preliminary and permanent injunction to prohibit Defendant from violating the ADA.
  • Injunction requiring Defendant to make Mvmt.com compliant with the ADA.
  • Declaration that Defendant discriminates against the blind through its website.
  • Class action certification and appointment of Plaintiff as Class Representative.
  • Payment of nominal damages.
  • Pre- and post-judgment interest.
  • Award of costs and expenses of this action together with reasonable attorneys’ and expert fees.
  • Punitive damages.
  • Compensatory damages in an amount to be determined at trial.

Proposed class

The group of people the plaintiff asks to represent, so the case can cover them too.

all legally blind individuals in the United States who have attempted to access Mvmt.com and as a result have been denied access to the enjoyment of goods and services offered by Mvmt.com, during the relevant statutory period.