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Washington Benavides Moran v. Marketfair Commerce Inc.

Filed

Case details

Standards cited
WCAG 2.0

Summary

According to the complaint, Washington Benavides Moran, a visually-impaired individual, is suing MARKETFAIR COMMERCE INC. for failing to make its website, www.goldspot.com, accessible to blind users. The plaintiff alleges that the website contains numerous barriers that prevent him from accessing products and services, violating the Americans with Disabilities Act (ADA) and related New York laws. The complaint seeks a permanent injunction to require the defendant to improve website accessibility and compensatory damages for the discrimination faced. The plaintiff claims that the inaccessible website has caused frustration and humiliation, denying him equal enjoyment of the goods and services offered online.

About the defendant

Operates an online retail store offering fine writing instruments, luxury fountain pens, bottled inks, and notebooks.

What the complaint says

The problems the plaintiff describes with the website.

  • Defendant's website is not accessible to blind and visually-impaired persons.
  • Plaintiff encountered multiple access barriers preventing full use of the website.
  • Defendant failed to provide necessary modifications to ensure accessibility.

Legal claims

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

  • Violations of the ADA
  • Violations of the NYSHRL
  • Violations of the NYCHRL
  • Violation of GBL § 349

What the plaintiff asks for

What the plaintiff wants the court to order.

  • Permanent injunction requiring Defendant to make its Website accessible to blind individuals.
  • Compensatory damages for violations of civil rights under New York State Human Rights Law and GBL § 349.
  • Reasonable attorneys’ fees and costs.

Proposed class

The group of people the plaintiff asks to represent, so the case can cover them too.

All legally blind individuals in the United States who have attempted to access Defendant’s Website and as a result have been denied access to the equal enjoyment of goods and services offered by Defendant’s Website, during the relevant statutory period.