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Kevin Orcel v. Eastern Smiles Opco, LLC

Filed

Case details

Standards cited
WCAG 2.1

Summary

According to the complaint, Kevin Orcel, a visually-impaired individual, is suing Eastern Smiles Opco, LLC for failing to make its website, www.easterndental.com, accessible under the Americans with Disabilities Act (ADA). The plaintiff alleges that he encountered numerous barriers while attempting to book a dental appointment online, which prevented him from accessing the services offered. The complaint cites specific access issues such as missing alt-text and unclear labels for interactive elements. Orcel seeks a permanent injunction requiring the defendant to comply with accessibility standards and to ensure that the website is usable for blind individuals. The case is filed as a class action on behalf of all legally blind individuals who have faced similar issues.

About the defendant

Offers dental care services including routine check-ups, cleanings, cosmetic dentistry, and specialized treatments, with online appointment scheduling.

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 was denied the ability to book an appointment due to website barriers.
  • Defendant has 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.

  • A preliminary and permanent injunction to prohibit Defendant from violating the ADA.
  • An order requiring Defendant to make its website fully compliant with the ADA.
  • Payment of nominal damages.
  • An 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 Defendant’s Website and as a result have been denied access to the equal enjoyment of goods and services, during the relevant statutory period.