Howard Wilson v. Prilla, Inc.

Case Summary

According to the complaint, Howard Wilson, a visually impaired individual, is suing Prilla, Inc. for failing to make its website, www.prilla.com, accessible to blind users, violating the Americans with Disabilities Act (ADA). Wilson alleges that he encountered multiple barriers while attempting to access the website to purchase nicotine pouches, specifically the ZEO Flavor Free nicotine pouch. The complaint cites various access issues, including missing alt-text and broken links, which hinder the ability of visually impaired users to navigate the site. Wilson seeks a permanent injunction to require Prilla to make its website accessible and to implement policies ensuring ongoing compliance with accessibility standards.

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

• A preliminary and permanent injunction to prohibit Defendant from violating the ADA.
• An injunction requiring Defendant to make its website fully compliant with the ADA.
• A declaration that Defendant discriminates against the blind.
• Class certification under Fed. R. Civ. P. 23.
• Payment of nominal damages.
• Pre- and post-judgment interest.
• An 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.