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Andre Battle v. The Upper Deck Company

Filed

Case details

Standards cited
WCAG 2.2

Summary

According to the complaint, Andre Battle, a visually-impaired individual, is suing The Upper Deck Company for failing to make their website, Upperdeckstore.com, accessible to blind users. Battle alleges that the website contains significant barriers that prevent him and others with visual impairments from independently navigating and completing purchases. The complaint cites violations of the Americans with Disabilities Act (ADA) and seeks a permanent injunction to require the defendant to make necessary changes to the website, along with compensatory damages for the discrimination faced by Battle and other class members.

About the defendant

The Upper Deck provides a website offering a wide array of officially licensed sports collectibles and trading cards, autographed memorabilia, limited edition releases, and merchandise essentials for purchase.

What the complaint says

The problems the plaintiff describes with the website.

  • The Upper Deck's website is inaccessible to blind and visually-impaired persons.
  • Plaintiff was denied the ability to independently navigate and complete purchases on Upperdeckstore.com due to accessibility barriers.
  • Defendant failed to implement necessary modifications 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.

  • A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act.
  • A preliminary and permanent injunction requiring Defendant to make its website compliant with the ADA.
  • Payment of nominal damages.
  • Pre- and post-judgment interest.
  • An 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 Upperdeckstore.com and as a result have been denied access to the enjoyment of goods and services offered by Upperdeckstore.com, during the relevant statutory period.