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Ashley Tesch v. PharmaResearch USA, Inc.

Filed

Case details

Standards cited
WCAG 2.2

Summary

According to the complaint, Ashley Tesch, a visually impaired individual, is suing PharmaResearch USA, Inc. for failing to make its website, https://rejuranusa.com, accessible to blind and visually impaired users, violating the Americans with Disabilities Act (ADA). Tesch alleges that the website contains significant access barriers that prevent her and others from independently navigating and completing transactions. The complaint seeks a permanent injunction to require the defendant to make the website accessible, along with compensatory damages for the affected class members. Tesch claims that the lack of accessibility features denies her equal access to the goods and services offered online, which is essential for her daily activities.

About the defendant

Provides consumers access to an array of goods and services, including the ability to purchase a wide range of science-based skincare products such as ampoules, creams, masks, toner, cleansing water, eye care, pigment care, lash care, scar gel, and lip balm.

What the complaint says

The problems the plaintiff describes with the website.

  • Website is inaccessible to visually impaired individuals
  • Access barriers prevent independent navigation and transactions
  • Defendant failed to implement necessary accessibility features

Legal claims

The laws the plaintiff says the defendant broke, called causes of action.

  • Violation of the Americans with Disabilities Act (ADA)
  • Declaratory Relief

What the plaintiff asks for

What the plaintiff wants the court to order.

  • Preliminary and permanent injunction to prohibit violations of the ADA
  • Injunction requiring compliance with ADA accessibility standards
  • Declaration of discriminatory practices against visually impaired individuals
  • Class action certification
  • Pre- and post-judgment interest
  • Award of costs and attorney fees

Proposed class

The group of people the plaintiff asks to represent, so the case can cover them too.

all legally blind individuals in the United States who have attempted to access the Website and as a result have been denied access to the enjoyment of goods and services offered by the Website, during the relevant statutory period.