Jack Kang v. Wyndham Hotel Group, LLC

Summary

On April 29, 2019, Jack Kang filed a Complaint in New Jersey Federal court against Wyndham Hotel Group LLC. Plaintiff Jack Kang alleges that www.wyndhamhotels.com is not accessible per the WCAG 2.0 accessibility standard(s).

About the defendant

Wyndham Hotel Group LLC owns and operates multiple hotel chains including La Quinta, Days Inn, Super 8, Wyndham, and Ramada.

What the complaint says

The problems the plaintiff describes with the website.

• Lack of Alternative Text (“alt-text”), or a text equivalent.
• Empty Links That Contain No Text causing the function or purpose of the link to not be presented to the user.
• 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.

Legal claims

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

• Americans with Disabilities Act, 42 U.S.C. § 12181 et seq.

What the plaintiff asks for

What the plaintiff wants the court to order.

• A Declaratory Judgment that, at the commencement of this action, Defendant was in violation of the specific requirements of Title III of the ADA 42 U.S.C. § 12181 et seq., and the relevant implementing regulations of the ADA, for Defendant’s failure to take action that was reasonably calculated to ensure that its websites are fully accessible to, and independently usable by, blind and visually-impaired individuals;
• A preliminary and permanent injunction enjoining Defendant from further violations of the ADA, 42 U.S.C. § 12181 et seq., with respect to Defendant’s website;
• A preliminary and permanent injunction requiring Defendant to take the steps necessary to make Defendant’s website readily accessible to and usable by blind and visually impaired individuals;
• For attorneys' fees and expenses pursuant to all applicable laws including, without limitation, pursuant to 42 U.S.C. § 12188(a)(1);
• For pre-judgment interest to the extent permitted by law;
• For costs of suit; and
• For such other and further relief as this Court deems just and proper.