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Accessibility.com, LLC

THOMAS J. OLSEN V. OUTDOOR FELLOW, LLC

Filed April 29, 2019

Plaintiff

  • Name: Thomas J. Olsen
  • Filing date: April 29, 2019
  • State of filing: New York

Defendant

  • Name: Outdoor Fellow, LLC
  • Website: www.outdoorfellow.com
  • Industry: Consumer Goods
  • Summary: Outdoor Fellow makes and sells scented candles.

Case Summary

On April 29, 2019, Thomas J. Olsen filed a Complaint in New York Federal court against Outdoor Fellow, LLC. Plaintiff Thomas J. Olsen alleges that www.outdoorfellow.com is not accessible per the WCAG 2.0 accessibility standard(s).

Case Details

Plaintiff alleges issues in its Complaint including the following:

  • Lack of alt-text for images. 
  • Fieldset elements are not labeled with legend elements. 
  • Documents do not have a title. 
  • Document titles are blank. 
  • PDFs are not tagged and therefore are inaccessible to screen readers.
  • Some pages have the same title, so the title cannot be used to distinguish pages. g. Webpages have markup errors. 
  • Webpages have no headings, headings are empty, and headings are not nested correctly. Several links on a page share the same link text, but go to different destinations. 

Plaintiff asserts the following cause(s) of action in its Complaint:

  • Americans with Disabilities Act, 42 U.S.C. § 12181 et seq. 
  • New York State Human Rights Law
  • 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 Title III of the ADA, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Admin. 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 Title III of 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 the Website in a manner that discriminates against the blind and which fails to provide access for persons with disabilities as required by ADA, 42 U.S.C. §§ 12182, et seq., N.Y. Exec.
    Law § 296, et seq., N.Y.C. Admin. Code § 8-107, et seq., and the laws of New York
  • An order certifying the Class and Subclasses 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 damages, punitive damages and fines;
  • 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