James Murphy v. Silverts Universal Dressing Solutions, Inc.

Summary

According to the complaint, James Murphy, a visually-impaired individual, is suing Silverts Universal Dressing Solutions, Inc. for failing to make its website, www.silverts.com, accessible under the Americans with Disabilities Act (ADA). The plaintiff alleges that the website contains numerous barriers that prevent blind users from accessing its goods and services, including lack of alternative text for images and broken links. Murphy seeks a permanent injunction to require the defendant to improve website accessibility and claims damages for the discrimination faced. The complaint also cites violations of New York state laws regarding accessibility.

About the defendant

Operates an online retail store offering a variety of goods including footwear and related services.

What the complaint says

The problems the plaintiff describes with the website.

• Defendant's website is not accessible to blind and visually-impaired individuals.
• 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.

• Permanent injunction requiring Defendant to make its website accessible.
• Compensatory damages for violations of civil rights.
• Reasonable attorneys’ fees and costs.

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.