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Marcos Calcano v. With Jean USA, LLC

Filed

Case details

Standards cited
WCAG 2.0

Summary

According to the complaint, Marcos Calcano, a visually-impaired individual, is suing With Jean USA, LLC for failing to make its website, https://withjean.com, accessible to blind users. The plaintiff alleges that the website contains numerous barriers that prevent him from accessing information about products, including clothing and accessories, and completing purchases. The complaint cites violations of the Americans with Disabilities Act (ADA) and seeks a permanent injunction to require the defendant to improve website accessibility, along with compensatory damages for the alleged discrimination.

About the defendant

Operates an online retail store offering clothing and accessories, including information about products, pricing, and policies.

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 while attempting to use the website.
  • Defendant has failed to comply with the ADA and other relevant laws regarding website accessibility.

Legal claims

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

  • Violations of the ADA
  • Violations of the NYSHRL
  • Violations of the NYCHRL
  • Violation of GBL § 349

What the plaintiff asks for

What the plaintiff wants the court to order.

  • A permanent injunction requiring Defendant to make its Website accessible to blind individuals.
  • Compensatory damages for violations of civil rights under New York State Human Rights Law and GBL § 349.
  • Reasonable attorneys’ fees and costs.

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 offered by Defendant’s Website, during the relevant statutory period.