Cruz v. Spot Pet Insurance Services LLC

Summary

On November 25, 2020, Shael Cruz filed a Complaint in New York Federal court against Spot Pet Insurance Services, LLC . Plaintiff Shael Cruz alleges that www.spotpetins.com is not accessible per the WCAG 2.1 accessibility standard(s).

About the defendant

Spot Pet Insurance Services, LLC is a provider of pet insurance plans.

What the complaint says

The problems the plaintiff describes with the website.

• Lack of Alternative Text (“alt-text”), or a text equivalent.
• Empty Links That Contain No Text
• Redundant Links where adjacent links go to the same URL address
• Linked Images Missing Alt-text
• Contact information such as telephone is inaccessible when navigating with a keyboard
• Site element like product guide showing availability was inaccessible when navigating with a keyboard.
• The company logo acts as a link designed to take the user from wherever they may be within the Defendant's website to the homepage of that site. For this website, the link is not properly labeled and where the link ("logo") will operate properly

Legal claims

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

• Violations of the ADA, 42 U.S.C. § 12181 et seq.
• Violations of the NYSHRL
• Violation of the New York State Civil Rights Law
• Violations of the NYCHRL
• 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.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 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 owns, maintains and/or operates its Website in a manner that 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.C. Administrative Code § 8-107, et seq., and the laws of New York
• An order certifying the Class and Sub-Classes under Fed. R. Civ. P. 23(a) & (b)(2) and/or (b)(3), appointing Plaintiff as Class Representative, and his attorneys as Class Counsel
• Compensatory damages in an amount to be determined by proof, including all applicable statutory and punitive damages and fines, to Plaintiff and the proposed class and subclasses for violations of their civil rights under New York City Human Rights Law and City Law
• Pre- and post-judgment interest
• An award of costs and expenses of this action together with reasonable attorneys’ and expert fees
• Such other and further relief as this Court deems just and proper.