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Howard Wilson v. American Trench, LLC

Filed

Case details

Standards cited
WCAG 2.1

Summary

According to the complaint, Howard Wilson, a visually-impaired individual, is suing American Trench, LLC for failing to make its website, www.americantrench.com, accessible under the Americans with Disabilities Act (ADA). Wilson alleges that he encountered numerous barriers while attempting to access the website to purchase socks, which prevented him from enjoying the same shopping experience as sighted individuals. The complaint cites specific access issues, including missing alt-text and broken links, and seeks a permanent injunction requiring the defendant to comply with WCAG 2.1 guidelines to ensure accessibility for blind users. Wilson represents a class of legally blind individuals who have faced similar barriers on the website.

About the defendant

Offers a focused selection of socks and related apparel produced with attention to materials and construction, emphasizing quality and domestic production.

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 barriers that denied full access to the website.
  • Defendant failed to comply with WCAG 2.1 guidelines.

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.
  • 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 ADA.
  • An injunction requiring Defendant to make its website fully compliant with the ADA.
  • A declaration that Defendant discriminates against the blind through its website.
  • Certification of the Class and appointment of Plaintiff as Class Representative.
  • Payment of nominal damages.
  • Pre- and post-judgment interest.
  • 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 Defendant’s Website and as a result have been denied access to the equal enjoyment of goods and services, during the relevant statutory period.