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Accessibility.com, LLC

ROMERO v. MUSHIE & CO, LLC

Filed October 1, 2020

Plaintiff

  • Name: Josue Romero
  • Filing date: October 1, 2020
  • State of filing: New York

Defendant

  • Name: Mushie & Co, LLC
  • Website: www.mushie.com
  • Industry: Consumer Goods
  • Summary: Mushie manufactures and sells a variety of baby feeding, bathing, teething, and play products.

Case Summary

On October 1, 2020, Josue Romero filed a Complaint in New York Federal court against Mushie & Co, LLC. Plaintiff Josue Romero alleges that www.mushie.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.
  • When using a keyboard for navigation, the sub-menus, found from the menu options of the Main menu are not properly interpreted by screen readers and are ineffective in either communicating what they contain or provide any information to the user so that they are aware of what is occurring on the website.
  • Links (search and shopping cart) are not properly labeled or lacks full functionality. These flaws create issues for the interpretation performed by the screen reader and therefore prevents the user from understanding what information the website is trying to report back to the user.
  • Products have text that describe the item, whether or not it is in stock, details the and price. Neither the pricing nor the sold-out information is labeled to integrate with screen reader and therefore, overlooked important information that a customer would require to complete a purchase.
  • Some product pricing is not labeled to integrate with screen reader. While navigating the site, the screen reader does not recognize the pricing of the item and it overlooks vital information needed to make a purchase.
  • The website permits the user to buy quantities of its product greater than one. The "cart" feature allows for the user to increase the quantity count by pressing a (+) or (-) feature on the screen. The website lacks sufficient description in the quantity feature of the cart. The lack of detail is confusing.
  • The website contains social media links as an additional source to stay connected with Mushie. The links lacks proper description. At the time of the review the alternate text read only “link”. 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”.

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

New YorkConsumer Goods