Caitlin Walsh v. Popilush, LLC

Summary

According to the complaint, Plaintiff CAITLIN WALSH, a visually-impaired individual, is suing POPILUSH, LLC for failing to make its website, www.popilush.com, accessible under the Americans with Disabilities Act (ADA). The plaintiff alleges that the website contains numerous barriers that prevent blind users from fully accessing its goods and services, including missing alt-text and broken links. The complaint seeks a permanent injunction to require the defendant to comply with accessibility standards and to ensure that visually-impaired individuals can independently navigate and use the website. The plaintiff also seeks damages and costs associated with the action.

About the defendant

Offers modern women's apparel focusing on shapewear-integrated clothing such as dresses, bodysuits, and activewear, emphasizing innovative design and functionality.

What the complaint says

The problems the plaintiff describes with the website.

• Defendant's website is not accessible to blind and visually-impaired individuals.
• Plaintiff encountered barriers preventing her from purchasing products on the website.
• Defendant has failed to comply with WCAG 2.1 guidelines.

Legal claims

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

• Violations of the ADA, 42 U.S.C. § 12182 et seq.
• Declaratory Relief

What the plaintiff asks for

What the plaintiff wants the court to order.

• Permanent injunction requiring Defendant to make its website accessible.
• Payment of nominal damages.
• Pre- and post-judgment interest.

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 Defendant’s Website and as a result have been denied access to the equal enjoyment of goods and services, during the relevant statutory period.