Judith Adela Lopez v. Diva Fam, Inc.

Summary

According to the complaint, Judith Adela Lopez, a visually-impaired individual, is suing Diva Fam, Inc. for failing to make its website, trueseamoss.com, accessible to blind users. The plaintiff alleges that the website contains numerous barriers that prevent her from accessing information about sea moss products and completing purchases. The complaint cites violations of the Americans with Disabilities Act (ADA), New York State Human Rights Law, and New York City Human Rights Law. Lopez seeks a permanent injunction to require the defendant to improve website accessibility and compensatory damages for the discrimination faced.

About the defendant

Operates an online retail store offering sea moss products and related goods, including information about pricing, terms of service, and policies.

What the complaint says

The problems the plaintiff describes with the website.

• Defendant's website is not accessible to blind and visually-impaired persons.
• Plaintiff encountered multiple access barriers preventing full use of the website.
• Defendant failed to provide necessary modifications to ensure accessibility.

Legal claims

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

• Violations of the ADA
• Violations of the NYSHRL
• Violations of the NYCHRL
• Violation of GBL § 349

What the plaintiff asks for

What the plaintiff wants the court to order.

• A permanent injunction requiring Defendant to make its Website accessible to individuals with disabilities.
• Compensatory damages for violations of civil rights under applicable laws.
• Reasonable attorneys’ fees and costs.

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 offered by Defendant’s Website, during the relevant statutory period.