Plaintiff
- Name: Josue Romero
- Filing date: October 13, 2020
- State of filing: New York
Defendant
- Name: Better Made Snack Foods Incorporated
- Website: www.bettermade.com
- Industry: Food Products
- Summary: Founded in 19030, Better Made Snacks makes a wide variety of potato chips for sale at retail.
Case Summary
On October 13, 2020, Josue Romero filed a Complaint in New York Federal court against Better Made Snack Foods Incorporated . Plaintiff Josue Romero alleges that www.bettermade.com is not accessible per the 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.
- Empty Links That Contain No Text causing the function or purpose of the link to not be presented to the user.
- Redundant Links where adjacent links go to the same URL address which results in additional navigation and repetition for keyboard and screen-reader users
- 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.
- The website contains social media links as an additional source to stay connected with Better Made. The links lacks proper description. The screen reader would read "link," with no other description thus barring the user from any understanding as to what to do with the "link".
- The telephone number provided on the website in not labeled to integrate with a screen reader. It lacks description and this flaw bars the user from contacting the company for assistance.
- Products have text that describe the item, whether it is in stock, details of the item and price. These site elements are not labeled to integrate with screen reader and therefore, overlook important information that a customer would require to complete a purchase.
- Site has consistent interference with the screen reader, the screen reader is enabled automatically and begins to read the website, however, the user does not have control over this action and cannot chose when to stop the navigation, hence the site becomes inoperable
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 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.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.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 City 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