Frangie Espinal v. Pervine Foods, LLC

Case Summary

According to the complaint, Frangie Espinal, a visually-impaired individual, is suing Pervine Foods, LLC for failing to make its website, www.fitcrunch.com, accessible to blind users. The plaintiff alleges that the website contains numerous barriers that prevent her from accessing information and purchasing products, violating the Americans with Disabilities Act (ADA) and related state laws. Espinal seeks a permanent injunction to require the defendant to improve website accessibility and compensatory damages for the discrimination faced. The complaint highlights the importance of web accessibility for individuals with disabilities and the ongoing issues faced by visually-impaired consumers.

Causes of Action

• Violations of the ADA, 42 U.S.C. § 12181 et seq.
• Violations of the NYSHRL
• Violations of the NYCHRL
• Violation of GBL § 349

Key Allegations

• Defendant's website is not accessible to blind and visually-impaired individuals.
• Plaintiff encountered multiple access barriers preventing her from purchasing products.
• Defendant failed to provide necessary modifications to ensure website accessibility.

Requested Relief

• 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

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.

Jurisdiction & Venue

The Court has subject-matter jurisdiction under 28 U.S.C. § 1331 and 42 U.S.C. § 12181, and supplemental jurisdiction under 28 U.S.C. § 1367.