Plaintiff
- Name: Kahlimah Jones
- Filing date: December 3, 2020
- State of filing: New York
Defendant
- Name: Wondery, Inc.
- Website: www.wondery.com
- Industry: Entertainment
- Summary: Wondery is a web and app platform for podcasts.
Case Summary
On December 3, 2020, Kahlimah Jones filed a Complaint in New York Federal court against Wondery, Inc.. Plaintiff Kahlimah Jones alleges that www.wondery.com is not accessible per the WCAG 2.1, Section 508 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
The lack of closed captioning or transcription. This barrier is in violation of WCAG 2.1 Guideline 1.2.2, which mandates that podcast content contain captioning or transcription.
Plaintiff asserts the following cause(s) of action in its Complaint:
- Violation of 42 U.S.C. § 12181, et seq. — Title III of the Americans with Disabilities Act
- Violation of New York State Human Rights Law, N.Y. Exec. Law, Article 15 (Executive Law § 292 et seq.)
- Violation of New York State Civil Rights Law, NY CLS Civ R, Article 4 (CLS Civ R § 40 et seq.)
- Violation of New York City Human Rights Law, N.Y.C. Administrative Code § 8-102, et seq
- 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 the Website fully compliant with the requirements set forth in the ADA, and its implementing regulations, so that the Website is readily accessible to and usable by deaf and hard-of-hearing individuals;
- A declaration that Defendant owns, maintains, and/or operates the Website in a manner which discriminates against the deaf and hard of hearing, 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 this case as a class action 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 damages and fines, to Plaintiff and the proposed Subclass for violations of their civil rights under New York State Human Rights Law and City Law;
- Plaintiff’s reasonable attorneys’ fees, statutory damages, expenses, and costs of suit as provided by state and federal law;
- For pre- and post-judgment interest to the extent permitted by law; and
- For such other and further relief which this court deems just and proper