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Nicole Da Vis v. OISELLE, LLC

Filed

Case details

Summary

According to the complaint, Plaintiff NICOLE DA VIS, a legally blind individual, is suing Oiselle, LLC for failing to make their website, Oiselle.com, accessible to blind users. The complaint alleges that the website contains significant barriers that prevent blind individuals from independently navigating and completing transactions. Specific issues include a lack of alternative text for images, improper landmark structure, and a requirement for mouse use, which excludes blind users. The lawsuit cites violations of the Americans with Disabilities Act and seeks injunctive relief to require Oiselle to make its website accessible, along with compensatory damages for affected users.

About the defendant

Oiselle.com provides a wide array of women's running apparel, including sports bras, tops, bottoms, and accessories, allowing consumers to purchase these products online.

What the complaint says

The problems the plaintiff describes with the website.

  • Defendant's website is inaccessible to blind and visually-impaired persons
  • Plaintiff encountered significant access barriers on Oiselle.com
  • Defendant's actions violate the Americans with Disabilities Act

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 Oiselle.com accessible
  • Declaration of discrimination against the blind
  • 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 Oiselle.com and as a result have been denied access to the enjoyment of goods and services offered by Oiselle.com, during the relevant statutory period