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Nicole Davis v. Marika, LLC

Filed

Case details

Defendant’s website
Standards cited
WCAG 2.2

Summary

According to the complaint, Nicole Davis, a visually impaired individual, is suing Marika, LLC for failing to make its website, https://marika.com/, accessible to blind users. The complaint alleges that the website contains significant barriers that prevent visually impaired individuals from independently navigating and completing purchases. Key issues include the lack of alternative text for images, reliance on mouse navigation, and confusing heading structures. Davis seeks a permanent injunction to require Marika to make its website accessible and compensatory damages for the class of visually impaired individuals affected by these barriers.

About the defendant

Provides a wide array of activewear and fitness apparel, including leggings, sports bras, jackets, and other clothing items for purchase online.

What the complaint says

The problems the plaintiff describes with the website.

  • Website is inaccessible to visually impaired individuals
  • Failure to provide alternative text for images
  • Inability to complete transactions without a mouse
  • Multiple heading level 1 tags causing confusion
  • Lack of accessible forms and navigation for screen-reader users

Legal claims

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

  • Violation of the Americans with Disabilities Act (ADA)
  • Declaratory Relief

What the plaintiff asks for

What the plaintiff wants the court to order.

  • Permanent injunction requiring Defendant to make the Website accessible
  • Compensatory damages for Class Members
  • Certification of the case as a class action

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