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Accessibility.com, LLC

CRUZ v. THE BEAUTY CHEF INC

Filed June 23, 2020

Plaintiff

  • Name: Shael Cruz
  • Filing date: June 23, 2020
  • State of filing: New York

Defendant

  • Name: The Beauty Chef Inc
  • Website: us.thebeautychef.com
  • Industry: Beauty
  • Summary: The Beauty Chef manufactures and sells a wide range of bio-fermented, probiotic-rich wholefood supplements and organic topical skincare products.

Case Summary

On June 23, 2020, Shael Cruz filed a Complaint in New York Federal court against The Beauty Chef Inc. Plaintiff Shael Cruz alleges that us.thebeautychef.com is not accessible per the WCAG 2.1 accessibility standard(s).

Case Details

Plaintiff alleges issues in its Complaint including the following:

  • For example, 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 contain a proper 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. As a result, Plaintiff was unable to enjoy the privileges and benefits of the Website equally to sighted users.
  • Many pages on the Website also contain the same title elements. This was a problem for Plaintiff because in certain instances the screen reader failed 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. 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 his original search.
  • A Pop-up has been identified where the main screen becomes “grayedout.” This allows the pop-up to become more prevalent and presents itself center-stage for the website. The issue that comes with this feature is that once center stage, the pop-up’s information, including the “SHOP TO REDEEM” is not accessible.
  • Obvious icon like search bottom is not labeled properly. The description provides “link, https://us.thebeautychef.com/# 4 of 5”. This flaw creates issues for the interpretation performed by the screen reader and therefore bars the user from understanding the information the website is to report back to the user.
  • The website contains images that are improperly or mislabeled. For example, an image found on the website’s main page does not contain text describing the image and the alternate text lacks a description and provides the following “ visited, Unlabeled image, Unlabeled image, /logomini_small.png?v=15981011551287991528” as its related description. This issue described causes the screen reader to misinterpret the image and as thus not allow the user to understand what information is being presented.
  • 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 and difficult for a screen reader to interpret.

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.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.

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