Teniya Booker, Sylvia Santos v. Swat.fame, Inc.

Summary

According to the complaint, plaintiffs Teniya Booker and Sylvia Santos, both legally blind, allege that SWAT.FAME, INC., doing business as Kut from the Kloth, has failed to make its digital platform accessible, violating the Americans with Disabilities Act and New York State Human Rights Law. They encountered significant barriers while attempting to access the website to purchase products, including inaccessible promotional popups and poorly labeled buttons. The plaintiffs seek a permanent injunction to require the defendant to improve accessibility and ensure compliance with relevant laws, along with damages and attorney fees.

About the defendant

Designs, develops, manufactures, and distributes clothing and apparel.

What the complaint says

The problems the plaintiff describes with the website.

• Defendant's digital properties are not accessible to legally blind individuals.
• Accessibility barriers prevent screen-reader users from accessing promotions and product information.
• Defendant uses an Accessibility Overlay that fails to meet compliance standards.

Legal claims

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

• Title III of the ADA
• Violation of New York State Human Rights Law, Exec. Law, Article 15 § 290, 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 and New York laws.
• A permanent injunction requiring Defendant to make its Digital Platform accessible.
• Payment of costs of suit and reasonable attorneys’ fees.
• Payment of compensatory and nominal damages.