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Kevin Orcel v. Nuva Smile, LLC

Filed

Case details

Standards cited
WCAG 2.1

Summary

According to the complaint, Kevin Orcel, a visually-impaired individual, is suing Nuva Smile, LLC for failing to make its website accessible under the Americans with Disabilities Act (ADA). Orcel alleges that he encountered multiple barriers while trying to book a dental appointment through the website, which prevented him from accessing the services offered. The complaint cites specific access issues and claims that the website does not comply with WCAG 2.1 guidelines. Orcel seeks a permanent injunction to require the defendant to make the website accessible and to certify a class of similarly situated individuals.

About the defendant

A full-service dental practice offering a wide range of services including cosmetic, orthodontic, periodontal, restorative, and general dentistry, as well as 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.
  • A declaration that Defendant’s website discriminates against the blind.
  • Class certification and appointment of Plaintiff as Class Representative.
  • Payment of nominal damages.
  • Pre- and post-judgment interest.
  • An award of costs and expenses of this action.

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.