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Tara Nicole Mueller v. Pervine Foods, LLC

Filed

Case details

Standards cited
WCAG 2.2

Summary

According to the complaint, Tara Nicole Mueller, a visually impaired individual, is suing Pervine Foods, LLC for failing to make its website, fitcrunch.com, accessible to blind users. The complaint alleges that the website contains significant barriers that prevent visually impaired individuals from independently navigating and completing transactions. Mueller claims that these barriers violate the Americans with Disabilities Act (ADA) and seeks a permanent injunction to require the defendant to make the website accessible, as well as compensatory damages for the discrimination faced by her and other class members. The complaint highlights specific accessibility issues encountered by Mueller while attempting to use the website.

About the defendant

Provides consumers access to an array of nutrition and fitness products including protein snacks like protein bars, baked bars, and high-protein snack bars.

What the complaint says

The problems the plaintiff describes with the website.

  • Website is inaccessible to visually impaired individuals
  • Denial of full and equal access to goods and services offered through the Website
  • Failure to provide necessary accommodations 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)

What the plaintiff asks for

What the plaintiff wants the court to order.

  • Preliminary and permanent injunction to prohibit Defendant from violating the ADA
  • Injunction requiring Defendant to make the Website compliant with the ADA
  • Declaration that Defendant discriminates against the visually impaired
  • Order certifying this case as a class action
  • Pre- and post-judgment interest
  • 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 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.