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Paradise Morgan v. Notable Capital Management, L.L.C., Viavia Corporation

Filed

Case details

Standards cited
WCAG 2.1

Summary

According to the complaint, Paradise Morgan, a visually-impaired individual, is suing Notable Capital Management, L.L.C. and Viavia Corporation for failing to make their website, BNTO.com, accessible to blind users. The complaint alleges that the website contains numerous barriers that prevent blind individuals from completing transactions, violating the Americans with Disabilities Act and New York State laws. Morgan seeks a permanent injunction to require the defendants to make their website accessible and compensatory damages for the discrimination she faced. The complaint highlights specific access issues encountered by Morgan while attempting to use the website.

About the defendant

Provides an AI-powered fashion rental subscription service allowing users to rent clothing on a monthly basis from curated selections of global and emerging brands, along with promotions and social media connections.

What the complaint says

The problems the plaintiff describes with the website.

  • Defendants failed to design and maintain their website to be accessible to blind and visually-impaired persons.
  • Plaintiff encountered numerous access barriers preventing her from completing transactions on BNTO.com.
  • Defendants' website requires the use of a mouse, which is inaccessible to blind users.

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.

What the plaintiff asks for

What the plaintiff wants the court to order.

  • Permanent injunction requiring Defendants to make BNTO.com accessible to blind individuals.
  • Compensatory damages for violations of civil rights under New York State Human Rights Law and City Law.
  • Plaintiff’s reasonable attorneys' fees, expenses, and costs of suit.