Fischler v. Thread Wallets LLC
Filed
Case details
- Defendant’s website
Summary
On March 19, 2021, Brian Fischler filed a Complaint in New York Federal court against Thread Wallets LLC. Plaintiff Brian Fischler alleges that www.threadwallets.com is not accessible per the WCAG 2.1 accessibility standard(s).
About the defendant
Thread Wallets manufactures wallets, phone cases, card holders, and related items.
What the complaint says
The problems the plaintiff describes with the website.
- Images are not properly labeled.
- Form controls have no label.
- Links use general text like “here” with no surrounding textexplaining the link purpose.
- Button elements are empty and have no programmaticallydetermined name.
- Form field labels are not unique on a page or enclosed in a fieldset with a legend that makes the label unique.
- Some headings are empty.
Legal claims
The laws the plaintiff says the defendant broke, called causes of action.
- Violations of the ADA, 42 U.S.C. § 12181 et seq.
- Violations of the NYSHRL
- Violations of the NYCHRL
- Declaratory Relief
What the plaintiff asks for
What the plaintiff wants the court to order.
- A preliminary and permanent injunction to prohibit Defendant 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 Defendant 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 Defendant 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
- An award of costs and expenses of this action together with reasonable attorneys’ and expert fees
- Such other and further relief as this Court deems just and proper.