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Accessibility.com, LLC

OLSEN v. SEA-NY.COM INC.

Filed November 29, 2019

Plaintiff

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

Defendant

  • Name: Sea-NY.com Inc.
  • Website: www.sea-ny.com
  • Industry: Apparel
  • Summary: Sea-NY.com Inc. manufactures and sells women's apparel under the brand name, Sea.

Case Summary

On November 29, 2019, Thomas J. Olsen filed a Complaint in New York Federal court against Sea-NY.com Inc.. Plaintiff Thomas J. Olsen alleges that www.sea-ny.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.
  • Button elements are empty and have no programmatically
    determined name.
  • Frames do not have a title.
  • Webpages have duplicate IDs which cause problems in screen
    readers.
  • Form field labels are not unique on a page, or enclosed in a fieldest
    with a legend that makes the label unique.
  • Approximately eight (8) headings are empty.
  • Several links on a page share the same link text but go to a
    different destination.
  • Webpages have markup errors

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. 

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