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TENZER-FUCHS v. THE PROCTOR & GAMBLE COMPANY

Filed November 5, 2020

Plaintiff

  • Name: Michelle Tenzer-Fuchs
  • Filing date: November 5, 2020
  • State of filing: New York

Defendant

  • Name: The Proctor & Gamble Company
  • Website: www.olay.com
  • Industry: Beauty
  • Summary: The Procter & Gamble Company is a multi-naitonal conglomerate manufacturing and selling many lines of beauty, cleaning, and home products, including, at issue here, Olay, a beauty subsidiary.

Case Summary

On November 5, 2020, Michelle Tenzer-Fuchs filed a Complaint in New York Federal court against The Proctor & Gamble Company. Plaintiff Michelle Tenzer-Fuchs alleges that www.olay.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 products 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 she or she is expected to insert into the subject field. This was especially problematic on the quizzes As a result, Plaintiff and similarly situated visually-impaired users of Defendant’s Website are unable to enjoy the privileges and benefits of the Website equally to sighted users.
  • The Website also contained 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. For example, upon coming across a link of interest, Plaintiff was redirected to an error page. However, the screen-reader failed to communicate that the link was broken. As a result, Plaintiff could not get back to her original search
  • Additionally, because www.Olay.com contains numerous navigational buttons lacking alt. text, Plaintiff’s screen reader could not help her navigate the pages of the site at all, and she quickly found herself hopelessly lost within the site with just a few clicks of her mouse.
  • Worse still, when Plaintiff finally stumbled on a product with a name she recognized from Defendant’s commercials, she found that no matter how hard she tried, the site would not give her any guidance as to how to get through the captcha prompt to check out before the checkout timer ran out.

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 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. Exec. Law § 296(2) 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 and New York City Human Rights Law
  • Pre- and post-judgment interest
  • An award of costs and expenses of this action together with reasonable attorneys’ and expert fees
  • Such other and further relief as this Court deems just and proper.

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