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Susan Russo v. Pacha Soap Co.

Filed

Case details

Standards cited
WCAG 2.1 Level A and AA success criteria

Summary

According to the complaint, Susan Russo, a legally blind consumer, is suing Pacha Soap Co. for violations of the ADA due to the inaccessibility of its e-commerce website, www.pachasoap.com. Russo alleges that she encountered multiple barriers while attempting to purchase specific bath and body products, including missing alternative text and empty buttons, which prevented her from accessing essential product information. The complaint cites violations of federal and state laws and seeks injunctive relief to ensure the website is accessible to blind users, as well as compensatory damages for the discrimination faced.

About the defendant

Markets and sells handcrafted bath and body products, including soaps and skincare items, through an e-commerce platform.

What the complaint says

The problems the plaintiff describes with the website.

  • Defendant's website is inaccessible to blind users due to missing alternative text, empty buttons, and broken ARIA references.
  • Plaintiff encountered multiple accessibility barriers preventing her from completing purchases on the website.
  • Defendant failed to comply with WCAG 2.1 standards for digital accessibility.

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.
  • Violations of the New York State Human Rights Law (NYSHRL)
  • Violation of the 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.

  • Preliminary and permanent injunction prohibiting Defendant from violating the ADA and New York laws.
  • Injunction requiring Defendant to make the Website fully compliant with the ADA.
  • Compensatory damages in an amount to be determined by proof, including statutory and punitive damages.
  • 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 www.pachasoap.com and were denied equal access to its digital content, product information, and online purchasing functions due to persistent accessibility barriers during the relevant statutory period.