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SANCHEZ v. MASSIMO ZANETTI BEVERAGE USA, INC.

Filed March 17, 2021

Plaintiff

  • Name: Cristian Sanchez
  • Filing date: March 17, 2021
  • State of filing: New York

Defendant

  • Name: Massimo Zanetti Beverage USA, Inc.
  • Website: www.shopmzb.com/
  • Industry: Beverages
  • Summary: Massimo Zanetti is a coffee roaster that produces and sells whole bean and ground coffee under numerous brand names including Hills Bros and Chock full o'Nuts

Case Summary

On March 17, 2021, Cristian Sanchez filed a Complaint in New York Federal court against Massimo Zanetti Beverage USA, Inc.. Plaintiff Cristian Sanchez alleges that www.shopmzb.com/ is not accessible per the WCAG 2.0, WCAG 2.1 accessibility standard(s).

Case Details

Plaintiff alleges issues in its Complaint including the following:

  • Lack of Alternative Text (“alt-text”), or a text equivalent. Alt-text is an invisible code embedded beneath a graphical image on a website. Web accessibility requires that alt-text be coded with each picture so that screen-reading software can speak the alt-text where a sighted user sees pictures, which includes captcha prompts. Alt- text does not change the visual presentation, but instead a text box shows when the cursor moves over the picture. The lack of alt-text on these graphics prevents screen readers from accurately vocalizing a description of the graphics.
  • Empty Links That Contain No Text causing the function or purpose of the link to not be presented to the user. This can introduce confusion for keyboard and screen- reader users;
  • Redundant Links where adjacent links go to the same URL address which results in additional navigation and repetition for keyboard and screen-reader users; and
  • Linked Images Missing Alt-text, which causes problems if an image within a link contains no text and that image does not provide alt-text. A screen reader then has no content to present the user as to the function of the link, including information contained in PDFs.
  • A Pop up has been identified with a promotion of "Welcome! Enjoy 15% off your next order when you join our email list" This information is not labeled properly and is not read by the screen reader.
  • A banner has been identified with a promotion of "$5 off orders $40- $99.99 or $20 off orders $100 or more. Use code: LUCKY ends 03/1721 exclusions apply. See Details." This information is not properly labeled and is read as "Happy St. Patrick's Day" by the screen reader.
  • Products have text that describe the item, details of the item, and price. The product pricing and name were not labeled to integrate with screen reader and therefore, overlooks important information that a customer would require to complete a purchase. 
  • Add to wish list button is not properly labeled. The alternate text provides "button" with no other description. This issue bars the user from adding items to their wish list, as the user would not know what the "button" is referring to

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
  • VIOLATION OF THE NEW YORK STATE CIVIL RIGHTS LAW
  • 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 the Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Administrative 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 make its Website into full compliance with the requirements set forth in 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 its Website in a manner that discriminates against the blind and which fails to provide access for persons with disabilities as required by Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq.,
    N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York
  • An order certifying the Class and Sub-Classes 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 and punitive damages and fines, to
  • Plaintiff and the proposed class and subclasses for violations of their civil rights under New York State Human Rights Law and City Law;
  • Pre- and post-judgment interest;
  • An award of costs and expenses of this action together with
    reasonable attorneys’ and expert fees; and
  • Such other and further relief as this Court deems just and proper. 

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