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Accessibility.com, LLC

FISCHLER v. BERSHKA USA, INC.

Filed March 6, 2019

Plaintiff

  • Name: Brian Fischler
  • Filing date: March 6, 2019
  • State of filing: New York

Defendant

  • Name: Bershka USA, Inc.
  • Website: www.bershka.com
  • Industry: Apparel
  • Summary: Bershka is a clothing retailer company.

Case Summary

On March 6, 2019, Brian Fischler filed a Complaint in New York Federal court against Bershka USA, Inc.. Plaintiff Brian Fischler alleges that www.bershka.com is not accessible per the WCAG 2.0 accessibility standard(s).

Case Details

Plaintiff alleges issues in its Complaint including the following:

  • Lack of alt-text for images
  • Frames do not have a title
  • Webpages have duplicate IDs which cause problems in screen readers
  • Approximately twenty (20) headings are empty and headings are not nested correctly
  • Several links on a page share the same link text, but go to different destinations
  • Webpages have markup errors

Plaintiff asserts the following cause(s) of action in its Complaint:

  • VIOLATIONS OF THE ADA, 42 U.S.C. § 12181 et seq.
  • VIOLATIONS OF THE NYSHRL
  • VIOLATIONS OF THE NYCHRL
  • DECLARATORY RELIEF

Plaintiff seeks the following relief by way of its Complaint:

  • A preliminary and permanent injunction to prohibit Defendant from violating Title III of the ADA, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Admin. 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 take its Website into full compliance with the requirements set forth in Title III of 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 the Website in a manner that discriminates against the blind and which fails to provide access for persons with disabilities as required by ADA, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Admin. Code § 8-107, et seq., and the laws of New York
  • An order certifying the Class and Subclasses 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 damages, punitive damages and fines
  • 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

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