Plaintiff
- Name: Joseph Guglielmo
- Filing date: February 18, 2020
- State of filing: New York
Defendant
- Name: Lovehoney, Inc.
- Website: www.lovehoney.com
- Industry: Consumer Goods
- Summary: Lovehoney sells sexual wellness products, lingerie, and bondage gear via its website.
Case Summary
On February 18, 2020, Joseph Guglielmo filed a Complaint in New York Federal court against Lovehoney, Inc.. Plaintiff Joseph Guglielmo alleges that www.lovehoney.com is not accessible per the WCAG 2.1 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
- Many features on the Website lacks alt. text, which is the invisible code embedded beneath a graphical image. As a result, Plaintiff was unable to differentiate what services were on the screen due to the failure of the Website to adequately describe its content.
- Many features on the Website also fail to Add a label element or title attribute for each field. This is a problem for the visually impaired because the screen reader fails to communicate the purpose of the page element. It also leads to the user not being able to understand what he or she is expected to insert into the subject field.
- Many pages on the Website also contain the same title elements. This is a problem for the visually impaired because the screen reader fails to distinguish one page from another. In order to fix this problem, Defendant must change the title elements for each page.
- The Website also contains a host of broken links, which is a hyperlink to a nonexistent or empty webpage. For the visually impaired this is especially paralyzing due to the inability to navigate or otherwise determine where one is on the website once a broken link is encountered.
Plaintiff asserts the following cause(s) of action in its Complaint:
- Americans with Disabilities Act, 42 U.S.C. § 12181 et seq.
- New York City Human Rights Law
- 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. 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 make its Website into full compliance with 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. Admin. Code § 8-107, et seq. and the laws of New York;
- An order certifying the Class and the State and City 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 and damages in an amount to be determined by proof, including all applicable statutory and punitive damages and fines, to Plaintiff and the proposed class for violations of their civil rights under the New York State Human Rights Law and New York 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.