Nestor A. Proveyer v. Garmin USA, Inc.

Summary

According to the complaint, Nestor A. Proveyer is suing Garmin USA, Inc. for violations of the Americans with Disabilities Act (ADA) due to accessibility barriers on its website, https://www.garmin.com/. Proveyer, who is visually impaired, alleges that he faced difficulties navigating the website to purchase products, which constitutes discrimination against individuals with disabilities. The complaint cites multiple access barriers that hinder the use of screen reader software, preventing Proveyer from effectively communicating with the website. He seeks declaratory and injunctive relief to ensure the website complies with ADA standards and requests compensation for attorney's fees. The plaintiff also claims that Garmin has not implemented necessary accessibility measures, which continues to harm visually disabled individuals.

About the defendant

Defendant sells smart watches, sport products, GPS handhelds, car cameras, stereos, speakers, and accessories.

What the complaint says

The problems the plaintiff describes with the website.

• Defendant's website contains access barriers preventing use by visually disabled individuals
• Plaintiff was unable to purchase a handheld GPS due to website inaccessibility
• Defendant failed to provide reasonable modifications for accessibility

Legal claims

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

• Violation of the ADA
• Trespass

What the plaintiff asks for

What the plaintiff wants the court to order.

• A declaration that Defendant’s website is in violation of the ADA
• An Order requiring Defendant to update its website for accessibility
• An Order requiring ongoing support for web accessibility
• An award of reasonable attorney’s fees and costs