Sanchez v. Fivefour Group LLC,

Summary

On March 25, 2021, Cristian Sanchez filed a Complaint in New York Federal court against FiveFour Group LLC. Plaintiff Cristian Sanchez alleges that www.themenlohouse.com/ is not accessible per the WCAG 2.0, WCAG 2.1 accessibility standard(s).

About the defendant

Melnlo House is a men's fashion line selling apparel, shoes, and accessories.

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 speak the 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.
• Pop up window contains text with information regarding a 20% off your first order, the text explaining the purpose of the pop up was not accessible. No alternative description was provided. Hence this bars the user from accessing the discount.
• The company logo acts as a link designed to take the user from wherever they may be within the Defendant's website to the homepage of that site. For this website, the link is not properly labeled and where the link ("logo") will operate properly (taking the user back to the home page),the missing label prevents the user (visually impaired) to interpret the logo/link and in the case of using a screen reader, the screen reader software cannot properly interpret the logo/link effectively hiding the purpose of that link from the user.
• Product sizes do not have a proper label as they offer the size in abbreviated letters. For example, medium is read as the letters m e d, large is l r g, etc.). When the screen reader interprets the size information, it will read as provided by the website. There is not enough detail as to the actual size or an explanation and/or description.
• Products have text that describe the item, whether it is in stock, details of the item and price. The product description and pricing were not labeled to integrate with screen reader and therefore, overlooks important information that a customer would require to complete a purchase.

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.