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Kevin Orcel v. GT Music, Inc.

Filed

Case details

Standards cited
WCAG 2.1

Summary

According to the complaint, Kevin Orcel, a visually impaired individual, is suing GT Music, Inc. for failing to make its website, www.themusicden.com, accessible under the Americans with Disabilities Act (ADA). Orcel alleges that he encountered numerous barriers while attempting to access the website to purchase a guitar, 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 accessibility standards. Orcel represents a class of legally blind individuals who have faced similar issues accessing the website.

About the defendant

Offers a variety of musical instruments, educational programs, repair services, and related accessories for sale online.

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 him from purchasing products.
  • Defendant has 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 order requiring Defendant to make its website fully compliant with the ADA.
  • A declaration that Defendant’s website discriminates against the blind.
  • Certification of the Class under Fed. R. Civ. P. 23.
  • 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.