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Randolph Simmons v. Theubeauty.com, LLC

Filed

Case details

Standards cited
WCAG 2.1 Level A and AA

Summary

According to the complaint, Randolph Simmons, a legally blind individual, is suing TheUBeauty.com, LLC for violations of the Americans with Disabilities Act due to the inaccessibility of its ecommerce website, www.theubeauty.com. Mr. Simmons alleges that he encountered numerous barriers while attempting to access product information, including missing alternative text and broken interactive elements. He seeks injunctive relief to require the defendant to make its website accessible and claims that the defendant has failed to remediate known accessibility issues following prior litigation. The complaint also includes class action allegations on behalf of all legally blind individuals who have faced similar barriers.

About the defendant

Defendant operates an ecommerce platform that markets and sells skincare products and related consumer goods.

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 multiple accessibility barriers preventing independent access to product information.
  • Defendant failed to remediate accessibility issues after prior litigation.

Legal claims

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

  • Violations of the ADA, 42 U.S.C. § 12182 et seq.
  • New York State Human Rights Law (NYSHRL)
  • Violation of New York State Civil Rights Law (NYCRL)
  • Violations of the New York City Human Rights Law (NYCHRL)
  • Declaratory Relief

What the plaintiff asks for

What the plaintiff wants the court to order.

  • Injunctive relief requiring Defendant to make the website accessible to blind individuals.
  • Certification of the proposed Class and New York Subclass.
  • Award of costs, litigation expenses, and reasonable attorneys' fees.

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 www.theubeauty.com and, as a result of Defendant's failure to design, construct, maintain, and operate the Website in an accessible manner, were denied equal access to the goods, services, and information offered thereon.