Nestor A. Proveyer v. V Cruises US, LLC d/b/a Virgin Voyages

Summary

According to the complaint, Nestor A. Proveyer's lawsuit against V Cruises US, LLC, doing business as Virgin Voyages, alleges violations of the Americans with Disabilities Act (ADA) due to the inaccessibility of the company's website. Proveyer, who is visually impaired, claims he faced numerous barriers while attempting to navigate the website, including unlabeled graphics and inaccessible menus. He seeks both declaratory and injunctive relief to ensure the website is accessible to individuals with disabilities, as well as damages for the alleged trespass of software on his computer. The complaint emphasizes the need for compliance with ADA standards to provide equal access to goods and services offered online and in physical locations.

About the defendant

sells cruise tickets and provides information about its brand and services

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
• Defendant failed to provide reasonable modifications to ensure 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.

• Declaratory judgment that Defendant’s website violates the ADA
• Injunctive relief to require Defendant to make its website accessible
• Compensatory damages for trespass
• Attorney’s fees and costs