Geovanni Bahena Figueroa v. Wacoal America, Inc.

Case Summary

According to the complaint, Plaintiff GEOVANNI BAHENA FIGUEROA, a visually-impaired individual, is suing WACOAL AMERICA, INC. for failing to make its website, www.cw-x.com, accessible under the Americans with Disabilities Act (ADA). The plaintiff alleges that he encountered numerous barriers while attempting to purchase Muscle Support Compression apparel, including missing alt-text and broken links, which denied him full access to the website's services. The plaintiff seeks a permanent injunction to require the defendant to comply with accessibility standards and to change its corporate policies to ensure future compliance. The case is filed as a class action on behalf of all legally blind individuals who have faced similar issues accessing the website.

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 preventing access to the website's goods and services.
• Defendant failed to comply with WCAG 2.1 guidelines.

Requested Relief

• Permanent injunction requiring Defendant to make its website accessible.
• Declaration that Defendant's website discriminates against blind individuals.
• Certification of the Class.

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).