Legally blind people who tried to shop federalistpens.com may be covered by a proposed class action alleging Franklin Xavier Group LLC, which runs the Federalist Pens online store, failed to make the site usable with screen-reading software. No class has been certified and there is nothing to file yet.
Allegations Only · No Settlement Yet
This article describes a class action complaint. The statements below are unproven allegations. Franklin Xavier Group LLC has not been found liable, there is no certified class, and nothing to claim at this time. This page is informational and is not legal advice.
What Is This About?
Franklin Xavier Group LLC, a New Jersey company that runs Federalist Pens, an online store selling fountain pens, inks, paper, notebooks and accessories, is facing a proposed class action alleging its website, federalistpens.com, cannot be used by blind and visually impaired shoppers who rely on screen-reading software. The complaint says that denies blind consumers equal access to the store, in violation of Title III of the Americans with Disabilities Act (ADA) and New York state and city law.The case is Delacruz v. Franklin Xavier Group Limited Liability Company, No. 1:26-cv-09026, filed October 14, 2026 in the U.S. District Court for the Southern District of New York by a legally blind Manhattan resident. The company has not responded, and the allegations are unproven.
The nationwide class asks for a court order requiring the website to be fixed. Money damages are sought only under New York law, for the plaintiff and two New York subclasses, and there is nothing for anyone to claim.
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What Does the Complaint Allege?
The plaintiff, who uses the JAWS screen reader, says he visited the site several times, most recently on September 17, 2026, trying to buy a Conklin Word Gauge Heritage Collection pen. According to the complaint, he could not find its price or add it to his cart. It lists these barriers:• images, including images used as links, with no alternative text for a screen reader to announce;
• empty links that give no indication of where they go, and redundant adjacent links to the same page;
• many pages sharing the same title, so a screen reader cannot tell them apart; and
• broken links that lead to error pages without the screen reader saying so.
The complaint measures the site against the Web Content Accessibility Guidelines (WCAG 2.0) and alleges the company has no policy reasonably designed to make or keep the website accessible.
Who Would Be Included?
• Nationwide class: all legally blind individuals in the United States who tried to access federalistpens.com and were denied equal enjoyment of its goods and services.• New York State subclass: the same group, limited to New York State.
• New York City subclass: the same group, limited to New York City.
Each is proposed under Rule 23(b)(2), the part of the federal class action rule used for cases seeking an order that applies to everyone, with Rule 23(b)(3) pleaded as an alternative. No class has been certified.
The Four Claims
• Title III of the ADA, on behalf of the nationwide class;• the New York State Human Rights Law, on behalf of the New York State subclass;
• the New York City Human Rights Law, on behalf of the New York City subclass; and
• New York General Business Law § 349, the state's deceptive practices statute, on the theory that a blind shopper who cannot read product information is misled in the same way as a sighted shopper facing a covered label.
What the Lawsuit Seeks
Under the ADA, a private lawsuit can win a court order and attorneys' fees but not money damages. The complaint asks for a permanent injunction that would require Franklin Xavier Group to hire a web accessibility consultant, train staff, run regular automated audits, have blind or low-vision testers check the site at least quarterly, post an accessibility policy with a way to report problems, and allow the plaintiff's lawyers to monitor the site for up to two years after it is certified as fixed.It also seeks a declaration that the site discriminates against blind users, compensatory, statutory, punitive and treble damages under the New York statutes, interest, costs and attorneys' fees.
Website accessibility suits in New York federal court most often end with an individual settlement and an agreement to fix the site rather than a class-wide fund. There are exceptions: the Fashion Nova website accessibility settlement paid legally blind California shoppers under California's Unruh Civil Rights Act. OCA's report on the wave of ADA website accessibility lawsuits covers how these cases are brought and why they rarely pay class members.
What Happens Next?
The docket shows the complaint, a civil cover sheet, a summons issued to the company and an attorney's notice of appearance. Franklin Xavier Group must be served and then respond. Common early defenses in these cases are that the plaintiff lacks standing, that the site has since been fixed, or that the case should be resolved individually. OCA will update this page if a class settlement with a claim process emerges.Questions
What is the Federalist Pens class action about?
Delacruz v. Franklin Xavier Group LLC, No. 1:26-cv-09026, is a proposed class action filed October 14, 2026 in the U.S. District Court for the Southern District of New York. It alleges that federalistpens.com, the online fountain pen store run by Franklin Xavier Group LLC, cannot be used by blind and visually impaired shoppers who rely on screen-reading software, in violation of Title III of the Americans with Disabilities Act and New York state and city law. The company has not been found liable, and the allegations are unproven.
Can I get money from the Federalist Pens lawsuit?
Not at this stage, and the nationwide claim is not built to pay class members. Private plaintiffs suing under Title III of the ADA can obtain a court order and attorneys' fees but not money damages. The damages claims in the complaint arise under New York law and are pleaded for New York State and New York City subclasses. There is no certified class, no settlement and nothing to claim.
Who would be included in the Federalist Pens class action?
The complaint proposes a nationwide class of legally blind people in the United States who tried to use federalistpens.com and were denied equal access, plus subclasses of legally blind people in New York State and in New York City who had the same experience. No class has been certified.
What website problems does the complaint describe?
The complaint says images, including linked images, lack alternative text, that links are empty or redundant, that many pages share the same title, and that broken links lead to error pages without the screen reader announcing it. It alleges these barriers kept the plaintiff from finding the price of a pen and adding it to his cart.
Read the Complaint
Sources
• Delacruz v. Franklin Xavier Group Limited Liability Company, No. 1:26-cv-09026 (S.D.N.Y.), Class Action Complaint filed October 14, 2026, and docket via CourtListener• Americans with Disabilities Act, Title III, 42 U.S.C. §§ 12182 and 12188
• W3C, Web Content Accessibility Guidelines (WCAG) 2.0
