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Rosemarie Ramirez v. Bentley Seeds, Inc.

Filed

Case details

Standards cited
WCAG 2.1

Summary

According to the complaint, plaintiff Rosemarie Ramirez, a visually-impaired individual, alleges that Bentley Seeds, Inc. has failed to make its website, www.bentleyseeds.com, accessible to blind users, violating the Americans with Disabilities Act (ADA). The plaintiff claims that she encountered numerous barriers while attempting to access the website to purchase products, specifically the Stocking Stuffer Seed Packets - 5 Pack Garden Starter Kit. These barriers included missing alt-text, broken links, and unclear labels, which prevented her from completing her purchase. The plaintiff seeks a permanent injunction requiring the defendant to make the website accessible and to comply with WCAG 2.1 guidelines, along with other forms of relief.

About the defendant

Offers a variety of seed packets, garden kits, and gift-related products for home gardeners, including personalized orders and bulk purchases.

What the complaint says

The problems the plaintiff describes with the website.

  • Defendant's website is not accessible to blind and visually impaired individuals.
  • Plaintiff encountered barriers that denied her full and equal access to the website.
  • Defendant failed to comply with WCAG 2.1 guidelines.

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.
  • Declaratory Relief

What the plaintiff asks for

What the plaintiff wants the court to order.

  • A preliminary and permanent injunction to prohibit Defendant from violating the ADA.
  • An order requiring Defendant to make its website fully compliant with the ADA.
  • Payment of nominal damages.
  • An award of costs and expenses of this action together with reasonable attorneys’ and expert 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 Defendant’s Website and as a result have been denied access to the equal enjoyment of goods and services, during the relevant statutory period.