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Accessibility.com, LLC

ZANCA v. MD SOLARSCIENCES CORP.

Filed August 27, 2020

Plaintiff

  • Name: Debra Zanca
  • Filing date: August 27, 2020
  • State of filing: New York

Defendant

  • Name: MD Solarsciences Corp.
  • Website: www.mdsolarsciences.com
  • Industry: Beauty
  • Summary: MD Solarsciences Corp. manufactures and sells skin care and sunscreen products.

Case Summary

On August 27, 2020, Debra Zanca filed a Complaint in New York Federal court against MD Solarsciences Corp.. Plaintiff Debra Zanca alleges that www.mdsolarsciences.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. Alttext 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 screenreader 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.
  • The website contains images that are improperly or mislabeled. For example, an image found on the website's main page does not contain text describing the image and the alternate text lacks a description and provides the following "/MDSS-HLT-142Fullsquare_1900x.jpg?v=1584555831, unlabeled image" as its related description. This issue described causes the screen reader to misinterpret the image and as thus not allow the user to understand what information is being presented.
  • The company logo acts as a link. Designed to take the user from wherever they may be within the Defendant's website to the homepage of that site. For this website, the link is not properly labeled and where the link ("logo") will operate properly (taking the user back to the home page), the missing label prevents the user (visually impaired) to interpret the logo/link and in the case of using a screen reader, the screen reader software cannot properly interpret the logo/link effectively hiding the purpose of that link from the user.
  • Some products found on the website have different sizes with different prices. The alternate text for the price and size does not have any distinction between the prices. The screen reader would report back to the user "$18.00 vertical line $30.00 vertical line $42.00" with no other description. This issue bars the user from determining what price the item is being offered. 

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 her 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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