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Vivian Salazar v. Victoria’s Secret & Co., Does 1 to 10

Filed

Case details

Standards cited
WCAG 2.1

Summary

According to the complaint, Plaintiff Vivian Salazar, a visually impaired individual, is suing Victoria’s Secret & Co. for failing to make its website accessible to blind users. The complaint alleges that the website contains multiple barriers that prevent users from completing purchases, violating the Americans with Disabilities Act and California's Unruh Civil Rights Act. Salazar seeks a permanent injunction to require the company to make its website accessible and claims statutory damages for the violations. The case is filed in the Northern District of California.

About the defendant

Defendant offers a website that allows consumers to purchase apparel, sleepwear, beauty products, accessories, and gift cards; apply for a credit card; access information about shipping and returns; and locate retail stores.

What the complaint says

The problems the plaintiff describes with the website.

  • Defendant's website is not fully accessible to blind and visually impaired consumers.
  • Plaintiff encountered multiple access barriers preventing her from completing a purchase on the website.
  • Defendant's website coding fails to interface with screen readers.

Legal claims

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

  • Violations of the Americans with Disabilities Act
  • Violations of the Unruh Civil Rights Act

What the plaintiff asks for

What the plaintiff wants the court to order.

  • Permanent injunction requiring Defendant to make the website accessible to visually impaired individuals.
  • Statutory minimum damages of $4,000 per offense per person.
  • Attorneys’ fees and expenses.

Proposed class

The group of people the plaintiff asks to represent, so the case can cover them too.

all legally blind individuals who have attempted to access Defendant’s website using screen-reading software from January 2022 up to and including final judgment in this action.