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Livingston Bennett v. Dl1961 Premium Denim Inc.

Filed

Case details

Defendant’s website
Standards cited
WCAG 2.2

Summary

According to the complaint, LIVINGSTON BENNETT, a visually impaired individual, is suing Dl1961 Premium Denim Inc. for failing to make its website, https://dl1961.com, accessible to blind users. Bennett alleges that the website contains significant barriers that prevent visually impaired individuals from independently navigating and completing purchases. The complaint cites violations of the Americans with Disabilities Act (ADA) and seeks a permanent injunction to require the defendant to make the website accessible, along with compensatory damages for affected individuals. Bennett claims that the lack of accessibility features denies him and others equal access to the goods and services offered online.

About the defendant

Provides consumers access to an array of goods and services, including the ability to purchase a wide range of denim products for women, men, and kids, including jeans, denim jackets, shorts and skirts, knitwear and jumpsuits, performance pants and tailored chinos, seasonal tops and outerwear.

What the complaint says

The problems the plaintiff describes with the website.

  • Website is inaccessible to visually impaired individuals
  • Access barriers prevent independent navigation and purchases
  • Defendant failed to implement necessary accessibility features

Legal claims

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

  • Violation of the Americans with Disabilities Act (ADA)

What the plaintiff asks for

What the plaintiff wants the court to order.

  • Preliminary and permanent injunction to prohibit Defendant from violating the ADA
  • Injunction requiring Defendant to make the Website compliant with the ADA
  • Declaration that the Website discriminates against the visually impaired
  • Order certifying this case as a class action
  • Pre- and post-judgment interest
  • 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 the Website and as a result have been denied access to the enjoyment of goods and services offered by the Website, during the relevant statutory period.