Judith Pelaez v. Promedev, LLC

Case Summary

According to the complaint, Judith Pelaez, a visually impaired individual, is suing Promedev, LLC for failing to make its website, https://www.relieffactor.com, accessible to blind users. Pelaez alleges that the website contains significant barriers that prevent her and others from independently navigating and completing transactions. The complaint cites violations of the Americans with Disabilities Act (ADA) and seeks both injunctive relief to ensure the website becomes accessible and compensatory damages for affected individuals. The barriers include inadequate alternative text for images, improper heading structures, and reliance on mouse navigation, which excludes visually impaired users from fully participating in the online marketplace.

Causes of Action

• Violation of the Americans with Disabilities Act (ADA)

Key Allegations

• Website is inaccessible to visually impaired individuals
• Access barriers prevent independent navigation and transactions
• Defendant failed to implement necessary accessibility features

Requested Relief

• Preliminary and permanent injunction to prohibit violations of the ADA
• Injunction requiring compliance with ADA accessibility standards
• Declaration of discriminatory practices against visually impaired individuals
• Class action certification
• Pre- and post-judgment interest
• Award of costs and attorney fees

Proposed Class

all legally blind individuals in the United States who have attempted to access the Website and as a result have been denied access to the enjoyment of goods and services offered by the Website, during the relevant statutory period

Jurisdiction & Venue

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)