Rosemarie Ramirez v. Carnivero, LLC

Summary

According to the complaint, plaintiff Rosemarie Ramirez, a visually-impaired individual, alleges that CARNIVERO, LLC's website, www.carnivero.com, is inaccessible to blind users, violating the Americans with Disabilities Act (ADA). Ramirez claims she encountered multiple barriers while attempting to purchase a Venus flytrap plant, which prevented her from accessing the website's goods and services. The complaint seeks a permanent injunction requiring the defendant to make its website compliant with ADA standards and to implement necessary changes to ensure accessibility for visually-impaired users.

About the defendant

Offers live carnivorous plants and botanical products directly to consumers, including Venus flytraps and pitcher plants, with online sales and delivery.

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 preventing her from purchasing products on the website.
• Defendant has 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.