Nicholas Pagan v. The Swatch Group (U.S.) Inc.

Summary

According to the complaint, Nicholas Pagan alleges that The Swatch Group (U.S.) Inc. has a website that is not accessible to blind and visually impaired consumers, violating the Americans with Disabilities Act (ADA). Pagan claims that he has faced multiple barriers while attempting to use the website, which prevents him from accessing important information and services. He seeks a permanent injunction to require the company to change its corporate policies and make the website accessible, as well as attorney's fees and costs. The complaint cites specific accessibility standards that the website fails to meet, including the Web Content Accessibility Guidelines (WCAG) 2.2 AA.

About the defendant

Defendant offers goods and services through its website, including special sales, price listings, store hours, and promotions.

What the complaint says

The problems the plaintiff describes with the website.

• Defendant's website is not accessible to blind and visually impaired consumers.
• Plaintiff has been denied full access to the website due to digital barriers.
• Defendant has failed to implement a plan to make its website accessible.

Legal claims

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

• Title III of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.

What the plaintiff asks for

What the plaintiff wants the court to order.

• A Declaratory Judgment that Defendant was in violation of the ADA.
• A permanent injunction requiring Defendant to make its website fully accessible.
• Payment of costs of suit.
• Payment of reasonable attorneys’ fees.
• Provision of whatever other relief the Court deems just.