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Gabriela Cruz v. Proven Winners Direct, LLC

Filed

Case details

Standards cited
WCAG 2.2

Summary

According to the complaint, Gabriela Cruz, a visually impaired individual, is suing Proven Winners Direct, LLC for failing to make its website, provenwinnersdirect.com, accessible to blind and visually impaired users, violating the Americans with Disabilities Act (ADA). Cruz alleges that the website contains significant access barriers that prevent her and others from independently navigating and completing purchases. The complaint seeks a permanent injunction to require the defendant to make the website accessible and compensatory damages for the discrimination faced by Cruz and other class members.

About the defendant

Provides consumers access to an array of goods and services, including the ability to purchase a diverse selection of plants and gardening supplies, including annuals, perennials, shrubs, and edibles, as well as fertilizers, potting soil, self-watering planters, and augers, complemented by home garden and irrigation kits.

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 purchasing
  • Defendant failed to provide necessary accommodations for screen-reader users

Legal claims

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

  • Violation the Americans with Disabilities Act (ADA)

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