Kapp v. State Employees' Credit Union
Filed
Case details
- Defendant’s website
Summary
On December 11, 2019, Timothy Kapp filed a Complaint in North Carolina Federal court against State Employees' Credit Union. Plaintiff Timothy Kapp alleges that www.ncsecu.org is not accessible per the WCAG 2.0 accessibility standard(s).
About the defendant
State Employees' Credit Union is a not-for-profit cooperative financial institution owned and operated by its members, all of whom are employees of the State of North Carolina.
What the complaint says
The problems the plaintiff describes with the website.
- Certain account information and statements are unreadable by a screen reader;
- Certain form controls do not have a corresponding label;
- The alternative text provided is insufficient to make the website’s content understandable and by a person relying on a screen reader;
- aThe webpages contain extraneous information and text, which, when read by a screen reader, are very confusing.
Legal claims
The laws the plaintiff says the defendant broke, called causes of action.
- Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq.,
What the plaintiff asks for
What the plaintiff wants the court to order.
- A jury trial;
- A Declaratory Judgment that, at the commencement of this action, Defendant was in violation of the specific requirements of Title III of the ADA 42 U.S.C. § 12181 et seq., and the relevant implementing regulations of the ADA, for Defendant’s failure to take action that was reasonably calculated to ensure that its website is fully and equally accessible to, and independently usable by, blind and visually-impaired individuals;
- A preliminary and permanent injunction enjoining Defendant from further violations of the ADA, 42 U.S.C. § 12181 et seq., with respect to its website, ncsecu.org;
- For attorneys’ fees and expenses pursuant to all applicable laws including, without limitation, pursuant to 42 U.S.C. § 12188(a)(1);
- For prejudgment interest to the extent permitted by law;
- For costs of suit; and
- For such other and further relief as this Court deems just and proper.