Geovanni Bahena Figueroa v. Akwhp, LLC

Case Summary

According to the complaint, plaintiff Geovanni Bahena Figueroa, a visually-impaired individual, is suing AKWHP, LLC for failing to make its website, www.anneklein.com, accessible to blind users as required by the Americans with Disabilities Act (ADA). The plaintiff alleges that he encountered multiple barriers while attempting to access the website to purchase a smartwatch set, which prevented him from enjoying the same shopping experience as sighted individuals. The complaint cites specific access barriers such as missing alt-text and broken links. The plaintiff seeks a permanent injunction to require the defendant to comply with accessibility standards and to ensure that the website is usable by blind individuals.

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 that denied full access to the website.
• Defendant failed to comply with WCAG 2.1 guidelines.

Requested Relief

• Preliminary and permanent injunction to prohibit Defendant from violating the ADA.
• Injunction requiring Defendant to make its website fully compliant with the ADA.
• Declaration that Defendant's website discriminates against the blind.
• Class certification under Fed. R. Civ. P. 23.
• Payment of nominal damages.
• Pre- and post-judgment interest.
• Award of costs and expenses of this action.

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).