Plaintiff
- Name: Brian Fischler
- Filing date: January 10, 2019
- State of filing: New York
Defendant
- Name: Bombfell, Inc.
- Website: www.bombfell.com
- Industry: Apparel
- Summary: Bombfell, Inc. is a provider of men's clothing subscription services.
Case Summary
On January 10, 2019, Brian Fischler filed a Complaint in New York Federal court against Bombfell, Inc. . Plaintiff Brian Fischler alleges that www.bombfell.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.
- Fieldset elements are not labeled with legend elements.
- Frames do not have a title.
- Some pages have the same title so the title cannot be used to distinguish pages.
- Webpages have no headings, approximately ten (10) headings are empty and headings are not nested properly.
- Several links on a page share the same link text but go to a different destination.
- Links use the general text of “here” which does not explain the link’s purpose.
- Webpages have markup errors.
Plaintiff asserts the following cause(s) of action in its Complaint:
- Violations of the ADA, 42 U.S.C. § 1281 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 Nelson 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 Nelson to take all the steps necessary to make 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 Nelson 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.