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Caitlin Walsh v. ChicWish, LLC

Filed

Case details

Standards cited
WCAG 2.1

Summary

According to the complaint, Plaintiff Caitlin Walsh, a visually-impaired individual, is suing Chicwish, LLC for failing to make its website, www.chicwish.com, accessible under the Americans with Disabilities Act (ADA). The plaintiff alleges that the website contains numerous barriers that prevent blind users from fully accessing its goods and services, including missing alt-text and broken links. Walsh seeks a permanent injunction requiring the defendant to comply with accessibility standards and to implement changes to ensure equal access for visually-impaired consumers. The complaint also seeks class certification for all legally blind individuals who have faced similar issues with the website.

About the defendant

An online fashion retailer offering a wide range of women's clothing, including dresses, tops, skirts, outerwear, and accessories, with curated collections inspired by various styles.

What the complaint says

The problems the plaintiff describes with the website.

  • Defendant's website is not accessible to blind and visually impaired individuals.
  • Plaintiff encountered barriers that denied her full and equal access to the website.
  • Defendant failed to comply with WCAG 2.1 guidelines.

Legal claims

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

  • Violations of the ADA, 42 U.S.C. § 12182 et seq.
  • 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 the ADA.
  • An injunction requiring Defendant to make its website fully compliant with the ADA.
  • A declaration that Defendant’s website discriminates against the blind.
  • Certification of the Class under Fed. R. Civ. P. 23.
  • 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.

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 Defendant’s Website and as a result have been denied access to the equal enjoyment of goods and services, during the relevant statutory period.