Tatum-rios v. Faraday Labs Inc

Summary

On October 2, 2020, Lynnette Tatum-Rios filed a Complaint in New York Federal court against Faraday Labs Inc.. Plaintiff Lynnette Tatum-Rios alleges that www.getlambs.com is not accessible per the WCAG 2.1 accessibility standard(s).

About the defendant

Faraday Labs designs, manufactures, and sells underwear, shirts, and headwear that protect the body from electromagnetic radiation.

What the complaint says

The problems the plaintiff describes with the website.

• Some pages contain links that do not work.
• Unlabeled fieldset elements.
• No title attributes found in several pages.
• The tab order does not follow logical sequences.
• Empty button elements and forms with no programmatically determined name.
• Links that cannot be tabbed to from the keyboard and are not read out when screen readers list the links on a page.
• Pages have links to a PDF file, but do not provide a link to download Acrobat Reader readers.
• Lack of alt-text for images.
• Webpages have duplicate IDs which cause problems in screen
• Some headings are empty.
• Several markup errors, causing screen readers to miss content.

Legal claims

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

• Americans with Disabilities Act, 42 U.S.C. § 12181 et seq.
• New York State Human Rights Law
• New York City Human Rights Law
• 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 Title III of the ADA, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Admin. 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 into full compliance with the requirements set forth in Title III of the ADA, and its implementing regulations, so that the Website is readily accessible to and usable by blind individuals;
• A declaration that Defendant owns, maintains and/or operates the Website in a manner that discriminates against the blind and which fails to provide access for persons with disabilities as required by ADA, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Admin. Code § 8-107, et seq., and the laws of New York
• An order certifying the Class and Subclasses under Fed. R. Civ. P. 23(a) & (b)(2) and/or (b)(3), appointing Plaintiff as Class Representative, and her attorneys as Class Counsel;
• Compensatory damages in an amount to be determined by proof, including all applicable statutory damages, punitive damages and fines;
• Pre- and post-judgment interest;
• An award of costs and expenses of this action together with reasonable attorneys’ and expert fees; and
• Such other and further relief as this Court deems just and proper.