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Nicole Da Vis v. Julianna Rae, Inc.

Filed

Case details

Summary

According to the complaint, NICOLE DA VIS, a visually impaired individual, is suing Julianna Rae, Inc. for failing to make their website, Juliannarae.com, accessible to blind users. The complaint alleges that the website contains significant barriers that prevent blind individuals from independently navigating and completing purchases. Plaintiffs allege violations of the Americans with Disabilities Act (ADA) and seek a permanent injunction to require the defendant to make necessary changes to the website, as well as compensatory damages for the discrimination experienced. The complaint highlights specific access issues encountered by the plaintiff, including inadequate labeling and reliance on visual interfaces, which hinder the ability of blind users to shop online.

About the defendant

Julianna Rae provides an online platform for consumers to purchase luxury intimates, sleepwear, and loungewear for women, including pajamas, robes, camisoles, gowns, bras, and underwear.

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 significant access barriers on Juliannarae.com
  • Defendant failed to provide necessary accommodations for blind users

Legal claims

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

  • Violation of 42 U.S.C. §§ 12181 et seq. – Title III of the Americans with Disabilities Act
  • Declaratory Relief
  • Negligent Infliction of Emotional Distress

What the plaintiff asks for

What the plaintiff wants the court to order.

  • Preliminary and permanent injunction to prohibit Defendant from violating the ADA
  • Injunction requiring Defendant to make its website accessible
  • Declaration of discrimination against blind individuals
  • Class action certification
  • Payment of nominal damages
  • Pre- and post-judgment interest
  • Award of costs and expenses
  • Punitive damages
  • Compensatory damages

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 Juliannarae.com and as a result have been denied access to the enjoyment of goods and services offered by Juliannarae.com, during the relevant statutory period.