Caitlin Walsh v. Popilush, LLC

Case Summary

According to the complaint, Plaintiff CAITLIN WALSH, a visually-impaired individual, is suing POPILUSH, LLC for failing to make its website, www.popilush.com, accessible under the Americans with Disabilities Act (ADA). The plaintiff alleges that the website contains numerous barriers that prevent blind users from fully accessing its goods and services, including missing alt-text and broken links. The complaint seeks a permanent injunction to require the defendant to comply with accessibility standards and to ensure that visually-impaired individuals can independently navigate and use the website. The plaintiff also seeks damages and costs associated with the action.

Causes of Action

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

Key Allegations

• Defendant's website is not accessible to blind and visually-impaired individuals.
• Plaintiff encountered barriers preventing her from purchasing products on the website.
• Defendant has failed to comply with WCAG 2.1 guidelines.

Requested Relief

• Permanent injunction requiring Defendant to make its website accessible.
• Payment of nominal damages.
• Pre- and post-judgment interest.

Proposed Class

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, during the relevant statutory period.

Jurisdiction & Venue

This Court has subject-matter jurisdiction under 28 U.S.C. § 1331 and 42 U.S.C. § 12182; venue is proper under 28 U.S.C. §1391(b)(1) and (2).