Judith Adela Fernandez Martinez v. UVNV, LLC

Case Summary

According to the complaint, Judith Adela Fernandez Martinez, a visually-impaired individual, is suing UVNV, LLC for failing to make its website, https://www.ultramobile.com/, accessible as required by the Americans with Disabilities Act (ADA). The complaint alleges that the website contains multiple barriers that prevent blind users from accessing its services, including missing alternative text for images and broken links. Plaintiffs seek a permanent injunction to require UVNV to make its website accessible and to provide compensatory damages for the discrimination faced. The case raises significant issues regarding the accessibility of online services for individuals with disabilities.

Causes of Action

• Violations of the ADA, 42 U.S.C. § 12181 et seq.
• Violations of the NYSHRL
• Violations of the NYCHRL
• Violation of GBL § 349

Key Allegations

• Defendant's website is not accessible to blind and visually-impaired individuals.
• Plaintiff encountered multiple access barriers on the website.
• Defendant has failed to comply with the ADA and other relevant laws.

Requested Relief

• Permanent injunction requiring Defendant to make its website accessible to blind individuals.
• Compensatory damages for violations of civil rights under New York State laws.
• Attorney's fees and costs.

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 offered by Defendant’s Website, during the relevant statutory period.

Jurisdiction & Venue

The Court has subject-matter jurisdiction under 28 U.S.C. § 1331 and 42 U.S.C. § 12181, and supplemental jurisdiction under 28 U.S.C. § 1367.