Maria Powell v. Curology, Inc.

Case Summary

According to the complaint, Maria Powell, a legally blind individual, is suing Curology, Inc. for violations of the Americans with Disabilities Act and related state laws due to the inaccessibility of their website, www.curology.com. Powell alleges that she encountered numerous barriers while attempting to access skincare products, including issues with image accessibility, link text, and navigation that prevented her from completing purchases independently. The complaint seeks a permanent injunction to compel Curology to make its website compliant with accessibility standards, along with damages and attorney fees.

Causes of Action

• Violations of the ADA, 42 U.S.C. § 12182 et seq.
• Violation of the New York State Human Rights Law
• Violation of the New York City Human Rights Law
• Violation of New York Civil Rights Law § 40-c
• Violation of New York Civil Rights Law § 40-d

Key Allegations

• Defendant's website is inaccessible to blind and visually impaired individuals.
• Plaintiff encountered multiple accessibility barriers while attempting to use the website.
• Defendant failed to ensure equal access to its services as required by the ADA.

Requested Relief

• Permanent injunction requiring Defendant to make its Website accessible to blind and visually impaired individuals.
• Statutory, compensatory, and/or actual damages to the fullest extent permitted by law.
• Civil penalties where authorized by law.
• Plaintiff's reasonable attorneys' fees, litigation expenses, and costs.

Proposed Class

All legally blind individuals in the United States who have attempted to access www.curology.com and were denied full and equal access due to the Website's failure to comply with WCAG 2.1 Level A and AA accessibility standards.

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.