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Jose Nonato v. WAMA Underwear LLC

Filed

Case details

Standards cited
WCAG 2.2

Summary

According to the complaint, Jose Nonato, a visually impaired individual, is suing WAMA Underwear LLC for failing to make its website, https://wamaunderwear.com/, accessible to blind users. Nonato alleges that the website contains significant barriers that prevent visually impaired individuals from independently navigating and completing purchases. 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, along with compensatory damages for affected individuals. Nonato claims that the website's design excludes blind users from equal access to the goods and services offered.

About the defendant

Provides a wide array of goods and services including the ability to purchase undergarments such as men's and women's underwear, bralettes, shirts, pajamas, pants, and shorts.

What the complaint says

The problems the plaintiff describes with the website.

  • Website is inaccessible to visually impaired individuals
  • Access barriers prevent blind users from completing transactions
  • Defendant's website design relies on visual interfaces 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)

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 the Website discriminates against visually impaired individuals
  • 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.