Gabriela Cruz v. Designs By Nikki LLC

Summary

According to the complaint, Gabriela Cruz, a visually impaired individual, is suing Designs By Nikki LLC for failing to make their website, beachriot.com, accessible to blind users. Cruz alleges that the website contains significant barriers that prevent her and others from completing transactions independently. The complaint cites violations of the Americans with Disabilities Act (ADA) and seeks a permanent injunction to require the defendant to make necessary changes to the website to ensure accessibility. Cruz claims that the lack of accessible features denies her equal access to the goods and services offered online, which is a violation of her rights under the ADA.

About the defendant

Provides a wide array of women's products including swimwear, apparel, and accessories for online purchase.

What the complaint says

The problems the plaintiff describes with the website.

• Website is inaccessible to blind and visually impaired individuals
• Failure to provide reasonable modifications for accessibility
• Denial of full and equal access to goods and services offered on the Website

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.

• Permanent injunction requiring Defendant to make the Website accessible
• Compensatory damages for Class Members
• Certification of the case as a class action

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.