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Panarese et Al v. Youmail, Inc.

Filed

Case details

Summary

On July 28, 2019, John Panarese Luis Licea filed a Complaint in New York Federal court against Youmail, Inc. . Plaintiff John Panarese Luis Licea alleges that www.youmail.com is not accessible per the WCAG 2.0 accessibility standard(s).

About the defendant

YouMail, Inc. develops cloud-based communication applications and voicemail services for smartphones.

What the complaint says

The problems the plaintiff describes with the website.

  • Missing alternative text which presents a problem because an image without alternative text results in an empty link.
  • Empty or missing form labels which presented a problem because if a form control does not have a properly associated text label, the function or purpose of that form control may not be presented to screen reader users
  • 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.

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 Unruh Civil Rights Act

What the plaintiff asks for

What the plaintiff wants the court to order.

  • For a judgment that Defendant violated Plaintiffs’ rights under the ADA, 42 U.S.C. § 12181 et seq., Plaintiff Panarese’s rights under NYSHRL, N.Y. Exec. Law § 296, et seq., and Plaintiff Licea’s rights under the Unruh Civil Rights Act, Cal. Civ. Code § 51 et seq.
  • For a preliminary and permanent injunction requiring Defendant to take the steps necessary to make the Website, www.youmail.com, readily accessible to and usable by visuallyimpaired individuals
  • For compensatory and/or statutory damages as permitted by law
  • For Plaintiffs’ reasonable attorneys’ fees and court costs
  • For pre-judgment interest to the extent permitted by law
  • For such other and further relief as the Court deems just and proper.