Kevin Orcel v. Nuva Smile, LLC

Case Summary

According to the complaint, Kevin Orcel, a visually-impaired individual, is suing Nuva Smile, LLC for failing to make its website accessible under the Americans with Disabilities Act (ADA). Orcel alleges that he encountered multiple barriers while trying to book a dental appointment through the website, which prevented him from accessing the services offered. The complaint cites specific access issues and claims that the website does not comply with WCAG 2.1 guidelines. Orcel seeks a permanent injunction to require the defendant to make the website accessible and to certify a class of similarly situated individuals.

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 was denied the ability to book an appointment due to website barriers.
• Defendant has failed to comply with WCAG 2.1 guidelines.

Requested Relief

• A preliminary and permanent injunction to prohibit Defendant from violating the ADA.
• An order requiring Defendant to make its website fully compliant with the ADA.
• A declaration that Defendant's website discriminates against the blind.
• Class certification and appointment of Plaintiff as Class Representative.
• 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; venue is proper under 28 U.S.C. §1391(b)(1) and (2).