Gabriela Cruz v. Plum Deluxe LLC

Summary

According to the complaint, Gabriela Cruz, a visually impaired individual, is suing Plum Deluxe LLC for failing to make its website accessible under the Americans with Disabilities Act (ADA). Cruz alleges that the website, which offers various tea products, contains significant barriers that prevent blind users from completing transactions independently. The complaint cites multiple accessibility issues, including inadequate alt-text, reliance on mouse navigation, and ambiguous link texts. Cruz seeks a permanent injunction to require the defendant to make the website accessible and compensatory damages for the discrimination faced. The case is filed as a class action on behalf of all legally blind individuals who have attempted to access the website.

About the defendant

Provides consumers access to an array of goods and services, including tea products, drink accessories, and subscription boxes.

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 purchases
• Defendant's website design relies on visual interface without accommodations for screen-reader users

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 Defendant from violating the ADA
• Injunction requiring Defendant to make the Website compliant with the ADA
• Declaration that Defendant discriminates against the visually impaired
• Order certifying this case as a class action
• Pre- and post-judgment interest
• Award of costs and expenses of this action together with reasonable attorneys’ and expert 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.