Jessica Towns v. IM PRO MAKEUP NY L.P. D/B/A IL MAKIAGE

Case Summary

According to the complaint, Jessica Towns, a legally blind individual, is suing IM Pro Makeup NY L.P. d/b/a IL MAKIAGE for failing to make its website, www.ilmakiage.com, accessible to blind and visually impaired users. The complaint alleges that the website contains numerous accessibility barriers, including missing alternative text, unlabeled form fields, and contrast failures, which prevent blind users from independently browsing and purchasing products. Towns claims that these barriers violate her rights under the Americans with Disabilities Act (ADA) and New York state laws. She seeks a permanent injunction to require the defendant to make the website accessible and compensatory damages for the alleged discrimination.

Causes of Action

• Violations of the ADA, 42 U.S.C. § 12182 et seq.
• New York State Human Rights Law (NYSHRL)
• Violation of New York State Civil Rights (NYCRL)
• Violations of the New York City Human Rights Law (NYCHRL)
• Declaratory Relief

Key Allegations

• Defendant's website is not accessible to blind and visually impaired individuals.
• Plaintiff encountered multiple access barriers that prevented meaningful engagement with the website's services.
• Defendant failed to implement WCAG-compliant features across its website.

Requested Relief

• Permanent injunction requiring Defendant to revise its corporate policies to ensure website accessibility.
• Compensatory damages for violations of civil rights under New York City Human Rights Law, New York State Human Rights Law, and New York State Civil Rights Law.

Proposed Class

All legally blind individuals in the United States who have attempted to access www.ilmakiage.com and were denied equal access to its products, services, and support due to persistent digital accessibility barriers during the relevant statutory period.

Jurisdiction & Venue

This Court has subject-matter jurisdiction over this action pursuant to 28 U.S.C. § 1331 and 42 U.S.C. § 12182 because Plaintiff’s claims arise under Title III of the Americans with Disabilities Act (ADA).