Kiler v. Simplehuman, LLC

Summary

On May 23, 2019, Marion Kiler filed a Complaint in New York Federal court against Simplehuman, LLC . Plaintiff Marion Kiler alleges that www.simplehuman.com is not accessible per the WCAG 2.1, Section 508 accessibility standard(s).

About the defendant

Simplehuman, LLC manufactures and markets househould products and furnishings.

What the complaint says

The problems the plaintiff describes with the website.

• Blind visitors to the website who use screen-readers can navigate the Homepage, but there are no description of images. The “Product Help” link at the bottom is completely skipped and cannot be read by screen-readers. “Order” and “Return” links are not fully read and are rendered useless. The “Warranty” page information is not heard at all.
• Product pages are not accessible without using a mouse. If a specific product is reached by other means, it cannot be added to cart unless it is a product that does not have size or finish selections.
• If the blind user is somehow able to get to the checkout page, she encounters additional problems. The “Free Shipping and Returns” pop-up box is not read by the screen-reader. The “discount code” cannot be activated with a screen-reader.
• Lack of navigation links

Legal claims

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

• Violation of 42 U.S.C. §§ 12181 et seq. – Title III of the Americans with Disabilities Act
• Violation of New York State Human Rights Law, N.Y. Exec. Law Article 15 (Executive Law § 292 et seq.)
• Violation of New York State Civil Rights Law, NY CLS Civ R, Article 4 (CLS Civ R § 40 et seq.)
• Violation of New York City Human Rights Law, N.Y.C. Administrative Code § 8-102, 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, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., and 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 its website, simplehuman.com, into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that simplehuman.com is readily accessible to and usable by blind individuals
• A declaration that Defendant owns, maintains and/or operates its website, www.simplehuman.com, in a manner which discriminates against the blind and which fails to provide access for persons with disabilities as required by Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., and 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 his attorneys as Class Counsel
• An order directing Defendant to continually update and maintain its website to ensure that it remains fully accessible to and usable by the visually-impaired
• Compensatory damages in an amount to be determined by proof, including all applicable statutory damages and fines, to Plaintiff and the proposed class for violations of their civil rights under New York State Human Rights Law and City Law
• Plaintiff’s reasonable attorneys’ fees, expenses, and costs of suit as provided by state and federal law
• For pre- and post-judgment interest to the extent permitted by law
• For such other and further relief which this court deems just and proper