Windy Lucius v. Torrid, LLC Corp

Summary

On April 30, 2019, Windy Lucius filed a Complaint in Florida Federal court against Torrid, LLC. Plaintiff Windy Lucius alleges that www.torrid.com is not accessible per the WCAG 2.0 accessibility standard(s).

About the defendant

Torrid, LLC sells women's apparel and accessories at brick and mortar retail stores and via its website.

What the complaint says

The problems the plaintiff describes with the website.

• Website did not integrate with Plaintiff’s software, nor was there any function within the website to permit access forvisually impaired individuals through other means. Her shopping attempts were rendered futile;
• Selection drop-down menu not accessible without amouse.

Legal claims

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

• Americans with Disabilities Act, 42 U.S.C. § 12181 et seq.

What the plaintiff asks for

What the plaintiff wants the court to order.

• A Declaratory Judgment that at the commencement of this action Defendant was in violation of the specific requirements of Title III of the ADA described above, and the relevant implementing regulations of the ADA, in thatDefendant took no action that was reasonably calculated to ensure that its website is fully accessible to, and independently usable by, blind individuals;
• A permanent injunction pursuant to 42 U.S.C. § 12188(a)(2) and 28 CFR § 36.504 (a) which directs Defendant to take all necessary to brings its website into full compliance with the requirements set forth in the ADA, andits implementing regulations, so that its website is fully accessible to, and independently usable by, blind individuals, and which further directs that the Court shall retain jurisdiction for a period to be determined to ensure thatDefendant has adopted and is following an institutional policy that will in fact cause Defendant to remain fully in compliance with the law;
• Payment of costs of suit;
• Payment of reasonable attorneys’ fees, pursuant to 42 U.S.C. § 12205 and 28 CFR§ 36.505; and,
• The provision of whatever other relief the Court deems just, equitable and appropriate.