Plaintiff
- Name: Windy Lucius
- Filing date: September 14, 2020
- State of filing: Florida
Defendant
- Name: World Threads, Inc. d/b/a Eberjey
- Website: www.eberjey.com
- Industry: Apparel
- Summary: World Threads, Inc. (trade name Eberjey Intimates) is in the Women's and Children's Clothing business.
Case Summary
On September 14, 2020, Windy Lucius filed a Complaint in Florida Federal court against World Threads, Inc. d/b/a Eberjey. Plaintiff Windy Lucius alleges that www.eberjey.com is not accessible.
Case Details
Plaintiff alleges issues in its Complaint including the following:
- the size chart opens in a pop-up window but only the X button and the Ok button are announced
- All of the size guide content is in a single image which is announced only as "unlabeled graphic."
- Users cannot hear any of the size information in this pop-up.
- Screen reader users cannot select the color of a product. The individual color swatches are not selectable.
- Only the first 5 icons in the homepage header are in the tab order.
- After the Search field, focus skips to the unlabeled chat button and then back to the top of the page. None of the other elements on the page are announced to users through normal keyboard navigation
- The Chat button is announced as "blank" so screen reader users are not able to use it to contact customer support.
Plaintiff asserts the following cause(s) of action in its Complaint:
- VIOLATION OF TITLE III OF THE AMERICANS WITH DISABILTITIES ACT
Plaintiff seeks the following relief by way of its Complaint:
- The Court issue a DeclaratoryJudgment that determinesthat theDefendant's website at the commencement of the subject lawsuit is in violation of Title III of the Americans with Disabilities Act, 42 U.S.C. § 12181 et seq.
- The Court issue a DeclaratoryJudgment that determinesthat theDefendant's website is in violation of Title III of the Americans with Disabilities Act, 42 U.S.C. § 12181 et seq.
- The Court issue a Declaratory Judgment that Defendant has violated the ADA by failing to monitor and maintain its website to ensure that it is readily accessible to and usable by persons with vision impairment
- That this Court issue an Order directing Defendant to alter its website to make it accessible to, and useable by, individuals with disabilities to the full extent required by Title III of the ADA
- That this Court enter an Order directing Defendant to evaluate and neutralize its policies and procedures towards persons with disabilities for such reasonable time so as to allow Defendant to undertake and complete corrective procedures
- That this Court enter an Order directing Defendant to continually update and maintain its website to ensure that it remains fully accessible to and usable by visually impaired individuals
- An award of attorney’s fees, costs and litigation expenses pursuant to 42 U.S.C. § 12205
- Such other relief as the Court deems just and proper, and/or is allowable under Title III of the Americans with Disabilities Act.