Plaintiff
- Name: Gabriela Cruz
- Filing Date: May 30, 2026
- Court: United States District Court Eastern District of Wisconsin
- State: Wisconsin
- Attorney Firm: Equal Access Law Group, PLLC
Defendant
- Name: Proven Winners Direct, LLC
- Website: provenwinnersdirect.com
- Industry: Consumer Goods
- Standards Cited: WCAG 2.2
- Summary: Provides consumers access to an array of goods and services, including the ability to purchase a diverse selection of plants and gardening supplies, including annuals, perennials, shrubs, and edibles, as well as fertilizers, potting soil, self-watering planters, and augers, complemented by home garden and irrigation kits.
Case Summary
According to the complaint, Gabriela Cruz, a visually impaired individual, is suing Proven Winners Direct, LLC for failing to make its website, provenwinnersdirect.com, accessible to blind and visually impaired users, violating the Americans with Disabilities Act (ADA). Cruz alleges that the website contains significant access barriers that prevent her and others from independently navigating and completing purchases. The complaint seeks a permanent injunction to require the defendant to make the website accessible and compensatory damages for the discrimination faced by Cruz and other class members.
Causes of Action
- Violation the Americans with Disabilities Act (ADA)
Key Allegations
- Website is inaccessible to visually impaired individuals
- Access barriers prevent independent navigation and purchasing
- Defendant failed to provide necessary 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)
