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Kendrick Vaughn v. Himalaya Wellness USA, Limited

Filed

Case details

Standards cited
Role, Value'

Summary

According to the complaint, KENDRICK VAUGHN, a visually impaired individual, is suing Himalaya Wellness USA, Limited for failing to make its website, https://himalayausa.com, accessible to blind users, violating the Americans with Disabilities Act (ADA). Vaughn alleges that the website contains significant barriers that prevent him and others from independently navigating and completing transactions. Specific issues include unclear alternative text for images, ambiguous link texts, and a requirement to use a mouse for transactions. Vaughn seeks a permanent injunction to require the defendant to make the website accessible and compensatory damages for the discrimination faced by him and other class members.

About the defendant

Provides consumers access to an array of herbal supplements and wellness products, including immune support, digestive health formulas, skincare items, and wellness solutions.

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 transactions
  • Defendant failed to implement necessary accessibility features

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 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.