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Geovanni Bahena Figueroa v. Wacoal America, Inc.

Filed

Case details

Standards cited
WCAG 2.1

Summary

According to the complaint, Plaintiff GEOVANNI BAHENA FIGUEROA, a visually-impaired individual, is suing WACOAL AMERICA, INC. for failing to make its website, www.cw-x.com, accessible under the Americans with Disabilities Act (ADA). The plaintiff alleges that he encountered numerous barriers while attempting to purchase Muscle Support Compression apparel, including missing alt-text and broken links, which denied him full access to the website's services. The plaintiff seeks a permanent injunction to require the defendant to comply with accessibility standards and to change its corporate policies to ensure future compliance. The case is filed as a class action on behalf of all legally blind individuals who have faced similar issues accessing the website.

About the defendant

Offers performance apparel including compression wear, athletic bottoms, tops, recovery garments, and training essentials designed for athletic performance.

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 access to the website's goods and services.
  • Defendant 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.
  • Declaration that Defendant’s website discriminates against blind individuals.
  • Certification of the Class.

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.