Gabriela Cruz v. Plum Deluxe LLC

Case Summary

According to the complaint, Gabriela Cruz, a visually impaired individual, is suing Plum Deluxe LLC for failing to make its website accessible under the Americans with Disabilities Act (ADA). Cruz alleges that the website, which offers various tea products, contains significant barriers that prevent blind users from completing transactions independently. The complaint cites multiple accessibility issues, including inadequate alt-text, reliance on mouse navigation, and ambiguous link texts. Cruz seeks a permanent injunction to require the defendant to make the website accessible and compensatory damages for the discrimination faced. The case is filed as a class action on behalf of all legally blind individuals who have attempted to access the website.

Causes of Action

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

Key Allegations

• Website is inaccessible to visually impaired individuals
• Access barriers prevent independent navigation and purchases
• Defendant's website design relies on visual interface without accommodations for screen-reader users

Requested Relief

• Preliminary and permanent injunction to prohibit Defendant from violating the ADA
• Injunction requiring Defendant to make the Website compliant with the ADA
• Declaration that Defendant discriminates against the visually impaired
• Order certifying this case as a class action
• Pre- and post-judgment interest
• Award of costs and expenses of this action together with reasonable attorneys’ and expert fees

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).