Sanchez v. Planetart, LLC

Summary

On December 18, 2020, Christian Sanchez filed a Complaint in New York Federal court against PlanetArt LLC. Plaintiff Christian Sanchez alleges that www.personalcreations.com is not accessible per the WCAG 2.0, WCAG 2.1 accessibility standard(s).

About the defendant

Doing business as Personal Creations, PlanetArt LLC manufactures and sells custom pillows, candles, prints, and related home decor via its website.

What the complaint says

The problems the plaintiff describes with the website.

• Lack of Alternative Text (“alt-text”), or a text equivalent. Alt-text is an invisible code embedded beneath a graphical image on a website. Web accessibility requires that alt-text be coded with each picture so that screen-reading software can speakthe alt-text where a sighted user sees pictures, which includes captcha prompts. Alt text does not change the visual presentation, but instead a text box shows when the cursor moves over the picture. The lack of alt-text on these graphics prevents screen readers from accurately vocalizing a description of the graphics.
• Empty Links That Contain No Text causing the function or purpose of the link to not be presented to the user. This can introduce confusion for keyboard and screen reader users;
• Redundant Links where adjacent links go to the same URL address which results in additional navigation and repetition for keyboard and screen-reader users; and
• Linked Images Missing Alt-text, which causes problems if an image within a link contains no text and that image does not provide alt-text. A screen reader then has no content to present the user as to the function of the link, including information contained in PDFs.
• A banner with shipping information along with different links are all mislabeled as "link" with no other descriptions. This issue creates confusion for the user as they would not know what to do with the "link".
• Product images have text that describe the item, whether or not it is in stock, the original price and sale price. When the screen reader interprets the pricing, both prices are read but there is no distinction between original and sale prices nor is there any way to determine what price the item is being offered at.
• Site element such as text proving product detail is not labeled to integrate with the screen reader. The information is not accessible when using the keyboard for navigation. Without providing proper information, it would create a barrier for a visually impaired user.
• The website permits the user to buy quantities of its product greater than one. The quantity option is mislabeled as "one combo box collapse", thus barring the user from adding more than one of a particular item to their shopping cart.
• Products are offered on the website in different colors. The colors offered are not labeled to integrate with the screen reader. This barrier prevents the user from selecting the different color options offered on the website.

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
• Violation of the New York State Civil Rights Law
• 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 the Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Administrative 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 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 its Website in a manner that discriminates against the blind and which fails to provide access for persons with disabilities as required by Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq.,N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York
• An order certifying the Class and Sub-Classes 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 and punitive damages and fines, to
• Plaintiff and the proposed class and subclasses for violations of their civil rights under New York State Human Rights Law and City Law;
• Pre- and post-judgment interest;
• An award of costs and expenses of this action together withreasonable attorneys’ and expert fees; and
• Such other and further relief as this Court deems just and proper.