Gabriela Cruz v. Flame And Wax, Inc.

Case Summary

According to the complaint, Gabriela Cruz, a visually impaired individual, is suing Flame And Wax, Inc. for failing to make its website, https://voluspa.com/, accessible to blind users. Cruz alleges that the website contains significant barriers that prevent her and others from independently navigating and completing transactions. The complaint cites violations of the Americans with Disabilities Act (ADA) and seeks a permanent injunction to require the defendant to make the website accessible, as well as compensatory damages for affected individuals. Cruz claims that the lack of accessibility features denies her equal access to the goods and services offered online, which is a violation of her rights under the ADA.

Causes of Action

• Violation of the Americans with Disabilities Act (ADA)
• Declaratory Relief

Key Allegations

• Website is not accessible to blind and visually impaired individuals
• Access barriers prevent independent navigation and transactions
• Defendant has failed to comply with ADA requirements

Requested Relief

• Permanent injunction to make the Website accessible
• Compensatory damages for Class Members
• Certification of the case as a class action

Proposed Class

All legally blind individuals in the United States who have attempted to access the Website and as a result have been denied access to the enjoyment of goods and services offered by the Website, 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).