Washington Benavides Moran v. Winx Health Inc.

Summary

According to the complaint, plaintiff Washington Benavides Moran, a visually-impaired individual, is suing Winx Health Inc. for failing to make its website, www.hellowinx.com, accessible to blind users. The plaintiff alleges that he encountered numerous barriers while trying to access health care products and services on the website, which violates the Americans with Disabilities Act (ADA) and related New York laws. The complaint seeks a permanent injunction requiring the defendant to improve website accessibility, along with compensatory damages and attorneys' fees.

About the defendant

Operates an online retail store offering health care products and services, including at-home health tests and treatments.

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 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.

• A preliminary and permanent injunction to prohibit Defendant from violating the ADA and related laws.
• A declaration that Defendant’s website discriminates against the blind.
• Compensatory damages for violations of civil rights under New York laws.
• 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.