Gabriela Cruz v. Flame And Wax, Inc.

Summary

According to the complaint, Gabriela Cruz, a visually impaired individual, is suing Flame And Wax, Inc. for failing to make its website, https://voluspa.com/, accessible to blind users. Cruz alleges that the website contains significant barriers that prevent her and others from independently navigating and completing transactions. The complaint cites violations of the Americans with Disabilities Act (ADA) and seeks a permanent injunction to require the defendant to make the website accessible, as well as compensatory damages for affected individuals. Cruz claims that the lack of accessibility 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 consumers access to an array of goods and services, including scented candles, luxury home fragrances, gift sets, and bath and body accessories.

What the complaint says

The problems the plaintiff describes with the website.

• Website is not accessible to blind and visually impaired individuals
• Access barriers prevent independent navigation and transactions
• Defendant has failed to comply with ADA requirements

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 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.