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Glen Rushefsky v. Arvella Fragrance LLC

Filed

Case details

Standards cited
WCAG 2.1 Level AA

Summary

According to the complaint, Glen Rushefsky, a legally blind individual, is suing Arvella Fragrance LLC for violations of the Americans with Disabilities Act due to the inaccessibility of their e-commerce website, www.arvellafragrance.com. The plaintiff alleges that he encountered multiple barriers while attempting to browse and purchase fragrance products, including missing alt text for images and unlabeled interactive controls. The complaint cites specific instances where the website failed to provide necessary information for blind users, preventing him from completing purchases. Rushefsky seeks a permanent injunction requiring the defendant to remediate these accessibility issues and comply with WCAG 2.1 Level AA standards, along with compensatory damages for the alleged discrimination.

About the defendant

markets and sells premium fragrances, cologne, perfume, samples, and related products

What the complaint says

The problems the plaintiff describes with the website.

  • Defendant's website is inaccessible to blind individuals due to multiple accessibility barriers.
  • Plaintiff encountered issues such as missing alt text, unlabeled buttons, and inaccessible forms.
  • Automated audits confirmed systemic accessibility issues on the website.

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.
  • Violation of New York State Human Rights Law (NYSHRL)
  • Violation of New York State Civil Rights Law (NYCRL)
  • Violations of the New York City Human Rights Law (NYCHRL)
  • Declaratory Relief

What the plaintiff asks for

What the plaintiff wants the court to order.

  • A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act.
  • A declaration that Defendant’s website discriminates against the blind.
  • Compensatory damages for violations of civil rights under New York laws.

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 www.arvellafragrance.com and were denied equal access to its digital content, product information, and online purchasing functions due to persistent accessibility barriers during the relevant statutory period.