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Kevin Orcel v. The Tile Shop, LLC

Filed

Case details

Standards cited
WCAG 2.1

Summary

According to the complaint, Plaintiff Kevin Orcel, a visually-impaired individual, is suing The Tile Shop, LLC for failing to make its website, www.tileshop.com, accessible under the Americans with Disabilities Act (ADA). The complaint alleges that Orcel encountered numerous barriers while attempting to access the website, which prevented him from purchasing tile products. Key issues include missing alt-text, broken links, and improperly formatted interactive elements that hinder screen-reader technology. Orcel seeks a permanent injunction requiring The Tile Shop to comply with accessibility standards and to implement changes to ensure equal access for visually-impaired consumers.

About the defendant

A specialty retailer offering an extensive selection of tile products, including porcelain, ceramic, marble, natural stone, mosaics, and accessories for residential and commercial spaces.

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 barriers that denied him full and equal access to the website.
  • Defendant failed to construct and maintain a website that is sufficiently intuitive for visually impaired individuals.

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 Americans with Disabilities Act.
  • A preliminary and permanent injunction requiring Defendant to make its website fully compliant with the ADA.
  • A declaration that Defendant’s website discriminates against the blind.
  • An order certifying the Class and appointing Plaintiff as Class Representative.
  • 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.