Dephillips v. Fruit of the Loom, Inc.

Summary

On March 4, 2020, Joseph DePhillips filed a Complaint in New York Federal court against Fruit of the Loom, Inc. . Plaintiff Joseph DePhillips alleges that www.fruit.com is not accessible per the WCAG 2.1, Section 508 accessibility standard(s).

About the defendant

Fruit of the Loom is an American company that manufactures clothing, particularly underwear and sports equipment.

What the complaint says

The problems the plaintiff describes with the website.

• There are many important pictures on Defendant that lack a text equivalent.
• lacks prompting information and accommodations necessary to allow blind users who use screen readers to locate and accurately narrow down navigation bar options.
• On the Website, blind customers are unable to fill in their desired specifications because the screen reader does not indicate the function of the boxes.
• lack of navigation links on the Website makes attempting to navigate through the Website even more time consuming and confusing for Plaintiff and blind consumers.

Legal claims

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

• Violation of 42 U.S.C. § 12181, et seq. — Title III of the Americans with Disabilities Act
• Violation of New York State Human Rights Law, N.Y. Exec. Law, Article 15 (Executive Law § 292 et seq.)
• Violation of New York State Civil Rights Law, NY CLS Civ R, Article 4 (CLS Civ R § 40 et seq.)
• Violation of New York City Human Rights Law, N.Y.C. Administrative Code § 8-102, 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 Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York
• A preliminary and permanent injunction requiring Defendant to take all the steps necessary to make its Website, The Website, into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that Defendant is readily accessible to and usable by blind individuals
• A declaration that Defendant owns, maintain and/or operate their Website, The Website, in a manner which discriminates against the blind and which fails to provide access for persons with disabilities as required by Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York; 112.An order certifying this case as a class action under Fed. R. Civ. P. 23(a) & (b)(2) and/or (b)(3), appointing Plaintiff as Class Representative, and his attorneys as Class Counsel
• Compensatory damages in an amount to be determined by proof, including all applicable statutory damages and fines, to Plaintiff and the proposed subclass for violations of their civil rights under New York State Human Rights Law and City Law
• Plaintiff’s reasonable attorneys’ fees, statutory damages, expenses, and costs of suit as provided by state and federal law
• For pre- and post-judgment interest to the extent permitted by law
• Such other and further relief as the Court deems just and proper.