Nestor A. Proveyer v. JV Asset Holdco LLC, d/b/a John Varvatos

Summary

According to the complaint, Nestor A. Proveyer is suing JV Asset Holdco LLC, doing business as John Varvatos, for violations of the Americans with Disabilities Act (ADA) due to accessibility barriers on their website. Proveyer, who is visually impaired, alleges that he faced numerous obstacles while attempting to navigate the website, including unlabeled graphics and inaccessible menus, which hindered his ability to purchase products. He seeks declaratory and injunctive relief to ensure the website is accessible, as well as damages for trespass related to unauthorized software on his computer. The complaint emphasizes the need for compliance with ADA standards to provide equal access to individuals with disabilities.

About the defendant

sells clothing, shoes, and accessories

What the complaint says

The problems the plaintiff describes with the website.

• Defendant's website contains access barriers preventing effective use by visually impaired individuals.
• Plaintiff encountered unlabeled graphics, inaccessible menus, and improperly formatted navigation elements.
• Plaintiff was unable to determine store hours, confirm product availability, or complete transactions due to website inaccessibility.

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.

• Declaratory judgment that Defendant’s website violates the ADA
• Injunctive relief to update the website for accessibility
• Compensatory damages for trespass
• Attorney’s fees and costs