Milagros Senior v. Livionex Inc.

Case Summary

According to the complaint, Milagros Senior, a visually-impaired individual, is suing Livionex Inc. for failing to make its website, www.getlivfresh.com, accessible to blind users. The plaintiff alleges that the website contains numerous barriers that prevent her from accessing information about oral care products and completing purchases. The complaint cites violations of the Americans with Disabilities Act (ADA), New York State Human Rights Law (NYSHRL), New York City Human Rights Law (NYCHRL), and New York General Business Law (GBL). The plaintiff seeks a permanent injunction to require the defendant to improve website accessibility and compensatory damages for the alleged discrimination.

Causes of Action

• Violations of the ADA
• 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 persons.
• Plaintiff encountered multiple access barriers preventing full use of the website.
• Defendant failed to provide necessary modifications to ensure accessibility.

Requested Relief

• Permanent injunction requiring Defendant to make its Website accessible to blind individuals.
• Compensatory damages for violations of civil rights under various laws.
• Reasonable attorneys’ 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, as Plaintiff’s claims arise under Title III of the ADA.