Victor Lopez v. Fifth Kingdom LLC

Summary

According to the complaint, Victor Lopez, a visually-impaired individual, is suing Fifth Kingdom LLC for failing to make its website accessible as required by the Americans with Disabilities Act (ADA). The website, https://www.plantalchemyremedies.com/, allegedly contains multiple barriers that prevent blind users from accessing its content and services. Lopez claims that these barriers include a lack of alternative text for images, broken links, and other accessibility issues that hinder his ability to navigate and purchase products. The complaint seeks a permanent injunction to require the defendant to make necessary changes to its website to ensure compliance with the ADA and to provide compensatory damages for the alleged discrimination.

About the defendant

Operates an online retail store offering botanical products and related information, including pricing, terms of service, and policies.

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 multiple access barriers on the website.
• Defendant has failed to comply with the ADA and other relevant laws.

Legal claims

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

• Violations of the ADA
• Violations of the NYSHRL
• Violations of the NYCHRL
• Violation of GBL § 349

What the plaintiff asks for

What the plaintiff wants the court to order.

• Permanent injunction requiring Defendant to make its website accessible.
• Compensatory damages for violations of civil rights.
• Attorney’s fees and costs.

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 offered by Defendant’s Website, during the relevant statutory period.