Maria Powell v. Cymbiotika, LLC

Case Summary

According to the complaint, Maria Powell, a legally blind individual, is suing Cymbiotika, LLC for violations of the Americans with Disabilities Act and related state laws due to the inaccessibility of their website, www.cymbiotika.com. Powell alleges that she encountered numerous barriers while attempting to use the site to purchase wellness products, including missing alternative text for images and unlabeled interactive elements. She seeks a permanent injunction to compel the defendant to make the website accessible and claims damages for the discrimination she faced. The complaint also outlines class action allegations on behalf of all legally blind individuals who have faced similar issues with the website.

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 access barriers preventing her from completing purchases.
• Defendant failed to provide a WCAG-compliant website.

Requested Relief

• Permanent injunction requiring Defendant to make its Website accessible to blind and visually impaired individuals.
• Damages, statutory relief, attorneys' fees, costs, and other relief.

Proposed Class

All legally blind individuals in the United States who have attempted to access www.cymbiotika.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.