Federal Court Enters Default Judgment and Injunction Against Spa Operator Over Website Inaccessibility

On September 23, 2025, the United States District Court for the Eastern District of New York adopted a magistrate judge's report and recommendation in full, entering a default judgment against Couple Spa 65, Inc. following the company's failure to appear or defend in a digital accessibility lawsuit.

The action was originally brought on July 13, 2023, by a blind individual residing in Queens, New York, who relies on screen-reading technology. The plaintiff alleged that the business violated Title III of the Americans with Disabilities Act (ADA), the New York State Human Rights Law (NYSHRL), the New York State Civil Rights Law, and the New York City Human Rights Law (NYCHRL). Although initiated as a putative class action, class certification was not sought, and the judgment was evaluated solely on an individual basis.

Accessibility Barriers

The defendant operates a brick-and-mortar business located in New York City alongside an associated commercial website. The plaintiff attempted to access the website on July 7, 2023, and July 8, 2023, seeking details on services, hours of operation, and location, but was unable to independently navigate it.

According to the complaint, the website contained numerous accessibility barriers incompatible with assistive software, including:

• Inaccurate heading hierarchy
• Inadequate focus order
• Ambiguous link text
• Missing alternative text (alt text) for graphic elements
• Inaccurate drop-down menus
• Requirements that certain interactions and transactions be performed strictly using a mouse rather than keyboard controls

Procedural Background and Ruling

The business failed to respond after service on August 1, 2023, leading to an entry of default by the Clerk of Court on December 5, 2023. An initial motion for default judgment was denied without prejudice on October 7, 2024, for procedural deficiencies. A second motion was filed on December 10, 2024, resulting in a favorable Report and Recommendation issued on August 18, 2025.

Adopting the recommendation in full, the district court ruled:

• Injunctive Relief: Couple Spa 65, Inc. is permanently enjoined from discriminating against the plaintiff and must bring the site into compliance with Web Content Accessibility Guidelines (WCAG) 2.0 Level AA. The company has 60 days from the order to submit a formal remediation plan to plaintiff's counsel. The plaintiff then has 30 days to consent or seek further relief. The business must execute the necessary changes within 60 days following the plaintiff's consent or a further court ruling.
• Damages: The plaintiff was awarded $1,000.00 in compensatory damages under the NYSHRL and NYCHRL, reducing the initial request for $1,500 because no evidence of harm beyond the discrimination itself was demonstrated.
• Declaratory Relief: Denied as moot and unnecessary in light of the permanent injunction.
• Legal Fees: The plaintiff was directed to submit a motion for reasonable attorneys' fees and costs within 30 days of the order.

For additional details, view the official court record.