Victor Lopez v. Ginger Health Company

Summary

According to the complaint, Victor Lopez, a visually-impaired individual, is suing Ginger Health Company for failing to make its website, www.wonderbelly.com, accessible to blind users. The complaint alleges that the website contains numerous barriers that prevent visually-impaired individuals from accessing its products and services, violating the Americans with Disabilities Act (ADA) and New York State laws. Lopez claims he encountered issues such as lack of alternative text for images and broken links while trying to purchase products. He seeks a permanent injunction to require the company to improve website accessibility and compensatory damages for the discrimination faced.

About the defendant

Operates an online retail store offering digestive medicine and related products.

What the complaint says

The problems the plaintiff describes with the website.

• Defendant's website is not accessible to blind and visually-impaired persons.
• Plaintiff encountered multiple access barriers while attempting to use the website.
• Defendant has failed to comply with WCAG 2.0 guidelines.

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 to blind individuals.
• Compensatory damages for violations of civil rights under New York State Human Rights Law and GBL § 349.
• Reasonable attorneys’ 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.