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Glen Rushefsky v. Crocs, Inc. d/b/a Hey Dude

Filed

Case details

Standards cited
WCAG 2.1 Level AA

Summary

According to the complaint, Glen Rushefsky, a legally blind individual, is suing Crocs, Inc. d/b/a Hey Dude for violations of the Americans with Disabilities Act due to accessibility barriers on their e-commerce website, www.heydude.com. Rushefsky alleges that he encountered multiple issues while attempting to purchase winter footwear, including missing alternative text on product images and unlabeled buttons, which rendered the site unusable for him. He seeks a permanent injunction requiring the defendant to remediate these barriers and ensure compliance with WCAG 2.1 Level AA. The complaint also includes claims under New York State and City laws, asserting that the website's inaccessibility denies blind individuals equal access to its goods and services.

About the defendant

markets and sells footwear, apparel, and accessories

What the complaint says

The problems the plaintiff describes with the website.

  • Defendant's website is inaccessible to blind and visually impaired individuals
  • Plaintiff encountered multiple accessibility barriers preventing him from completing purchases
  • Defendant failed to implement WCAG-compliant remediation despite prior notice of accessibility issues

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.
  • Violation of New York State Human Rights Law (NYSHRL)
  • Violation of New York State Civil Rights Law (NYCRL)
  • Violations of the New York City Human Rights Law (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
  • A preliminary and permanent injunction requiring Defendant to make the Website fully compliant with the ADA
  • Compensatory damages in an amount to be determined by proof
  • An order certifying the Class and Sub-Classes under Fed. R. Civ. P. 23
  • 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 www.heydude.com and were denied equal access to its digital content, product information, and online purchasing functions due to persistent accessibility barriers during the relevant statutory period.