Frank Senior v. Black Ember Inc.

Summary

According to the complaint, Frank Senior, a visually-impaired individual, is suing Black Ember Inc. for failing to make its website, www.blackember.com, accessible to blind users. The plaintiff alleges that he encountered numerous barriers while attempting to access product information and make purchases, violating his rights under the Americans with Disabilities Act (ADA) and related New York laws. The complaint seeks injunctive relief to require the defendant to improve website accessibility and compensatory damages for the alleged discrimination.

About the defendant

Operates an online retail store offering backpacks and slings, along with information about products, pricing, and policies.

What the complaint says

The problems the plaintiff describes with the website.

• Defendant's website is not accessible to blind and visually-impaired persons.
• Plaintiff encountered multiple access barriers preventing full use of the website.
• Defendant failed to comply with WCAG 2.0 guidelines.

Legal claims

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

• Violations of the ADA
• 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.

• A preliminary and permanent injunction to prohibit Defendant from violating the ADA and related laws.
• A declaration that Defendant’s website discriminates against the blind.
• Compensatory damages for violations of civil rights under state laws.

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.