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Cedric Bishop v. CPAP Store USA LLC

Filed

Case details

Standards cited
WCAG 2.0

Summary

According to the complaint, Cedric Bishop, a visually-impaired individual, is suing CPAP Store USA LLC for failing to make its website accessible to blind users, violating the Americans with Disabilities Act (ADA). Bishop alleges that he encountered numerous barriers while attempting to access the website to purchase sleep apnea equipment, which prevented him from obtaining necessary information and completing transactions. The complaint seeks a permanent injunction to require the defendant to improve website accessibility and compensatory damages for the alleged discrimination. The case also includes claims under New York State and City Human Rights Laws and GBL § 349.

About the defendant

Operates an online retail store specializing in sleep apnea equipment and supplies, including CPAP and BiPAP machines, masks, and accessories.

What the complaint says

The problems the plaintiff describes with the website.

  • Defendant's website is not equally accessible to blind and visually-impaired consumers.
  • Plaintiff encountered multiple access barriers that denied him a shopping experience similar to that of a sighted person.
  • Defendant has failed to design, construct, maintain, and operate its website to be fully accessible.

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
  • Violation of GBL § 349

What the plaintiff asks for

What the plaintiff wants the court to order.

  • Permanent injunction requiring Defendant to make its Website fully compliant with the ADA and other laws.
  • Compensatory damages for violations of civil rights under New York State Human Rights Law, New York City Human Rights Law, and GBL § 349.
  • Reasonable attorneys’ fees and costs.

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 offered by Defendant’s Website, during the relevant statutory period.