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Maria Powell v. Cymbiotika, LLC

Filed

Case details

Standards cited
WCAG 2.1 Level A and AA

Summary

According to the complaint, Maria Powell, a legally blind individual, is suing Cymbiotika, LLC for violations of the Americans with Disabilities Act and related state laws due to the inaccessibility of their website, www.cymbiotika.com. Powell alleges that she encountered numerous barriers while attempting to use the site to purchase wellness products, including missing alternative text for images and unlabeled interactive elements. She seeks a permanent injunction to compel the defendant to make the website accessible and claims damages for the discrimination she faced. The complaint also outlines class action allegations on behalf of all legally blind individuals who have faced similar issues with the website.

About the defendant

Offers nutritional supplements and wellness products through an interactive retail platform.

What the complaint says

The problems the plaintiff describes with the website.

  • Defendant's website is inaccessible to blind and visually impaired individuals.
  • Plaintiff encountered multiple access barriers preventing her from completing purchases.
  • Defendant failed to provide a WCAG-compliant website.

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.
  • Violation of the New York State Human Rights Law
  • Violation of the New York City Human Rights Law
  • Violation of New York Civil Rights Law § 40-c
  • Violation of New York Civil Rights Law § 40-d

What the plaintiff asks for

What the plaintiff wants the court to order.

  • Permanent injunction requiring Defendant to make its Website accessible to blind and visually impaired individuals.
  • Damages, statutory relief, attorneys' fees, costs, and other relief.

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 www.cymbiotika.com and were denied full and equal access due to the Website's failure to comply with WCAG 2.1 Level A and AA accessibility standards.