Marion Kiler v. HP Inc.

Summary

On February 15, 2019, Marion Kiler filed a Complaint in New York Federal court against HP, Inc.. Plaintiff Marion Kiler alleges that www.store.hp.com is not accessible per the WCAG 2.1 accessibility standard(s).

About the defendant

HP, Inc. is an American multinational information technology company that produces and sells personal computers, printers, and technology solutions.

What the complaint says

The problems the plaintiff describes with the website.

• Denial of keyboard access to key functions;
• The inability to access the main content; and
• The lack of a visible keyboard focus indicator.

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 New York State Civil 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 the Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Administrative 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 the Website into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that the Website is readily accessible to and usable by blind individuals;
• A declaration that Defendant own and/or maintains the Website in a manner which discriminates against the blind and which fails to provide access for persons with disabilities asrequired by Americans with Disabilities Act, 42 U.S.C. § 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York;
• An order certifying this case as a class action 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 and fines, to Plaintiff and the proposed subclass for violations of their civil rights under New York State Human Rights Law and City Law;
• Plaintiff’s reasonable attorneys’ fees, statutory damages, expenses, and costs of suit as provided by state and federal law;
• For pre- and post-judgment interest to the extent permitted by law; and
• Such other and further relief as the Court deems just and proper