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Zephyrin Victor v. Sofresh Franchising, LLC

Filed

Case details

Standards cited
WCAG 2.2 AA

Summary

According to the complaint, Plaintiff Zephyrin Victor, a visually-impaired individual, alleges that Sofresh Franchising, LLC's website, https://sofresh.com/, is inaccessible and violates the Americans with Disabilities Act (ADA). The complaint details multiple barriers that prevent blind users from navigating the site, including incompatibility with screen-reading software. Plaintiff seeks a permanent injunction requiring the defendant to make the website accessible and compliant with WCAG 2.2 guidelines, as well as damages and legal fees. The complaint emphasizes the importance of equal access to online services for individuals with disabilities.

About the defendant

operates a restaurant services platform providing healthy made-to-order meals and related services

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 preventing him from using the website
  • Defendant's website fails to comply with WCAG 2.2 guidelines

Legal claims

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

  • Violations of the ADA, 42 U.S.C. § 12182, et seq.
  • Declaratory Relief

What the plaintiff asks for

What the plaintiff wants the court to order.

  • A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act
  • A preliminary and permanent injunction requiring Defendant to make its Website fully compliant with the ADA
  • A declaration that Defendant’s Website discriminates against the blind
  • Payment of nominal damages
  • Pre- and post-judgment interest
  • An award of costs and expenses of this action together with reasonable attorneys’ fees and expert fees