Plaintiff
- Name: Nelson Fernandez
- Filing Date: December 11, 2025
- Court: United States District Court Southern District of Florida
- State: Florida
- Attorney Firm: Roderick V. Hannah, Esq., P.A.; Law Office of Pelayo Duran, P.A.
Defendant
- Name: Wayfair, LLC, d/b/a Birch Lane
- Website: www.birchlane.com
- Industry: Retailing
- Standards Cited: WCAG 2.0 Level AA
- Summary: Defendant operates retail stores selling home goods and décor products, including furniture, lighting, bedding, and kitchen and bath products, and provides online shopping and design services through its website.
Case Summary
According to the complaint, Nelson Fernandez, a visually disabled individual, is suing Wayfair, LLC, doing business as Birch Lane, for violations of the Americans with Disabilities Act (ADA) due to the inaccessibility of their website, https://www.birchlane.com. The plaintiff alleges that the website contains numerous barriers that prevent effective use by individuals who rely on screen reader software, including improperly labeled images, inaccessible pricing information, and a lack of adequate descriptions. The plaintiff seeks a declaration that the website violates the ADA, injunctive relief to require accessibility improvements, and compensatory damages for the trespass of personal property due to the automatic installation of tracking software on his computer without consent.
Causes of Action
- Violation of the ADA
- Trespass
Key Allegations
- Defendant's website is inaccessible to visually disabled individuals due to various barriers.
- Plaintiff was unable to effectively communicate with the website due to these barriers.
- Defendant has not implemented necessary accessibility policies or measures.
Requested Relief
- Declaratory judgment that the website violates the ADA
- Injunctive relief to require website accessibility improvements
- Compensatory damages for trespass to personal property
Proposed Class
Individuals with visual disabilities who require screen reader software to access websites.
Jurisdiction & Venue
Federal question jurisdiction under 28 U.S.C. §1331 and ADA provisions; venue is proper in the Southern District of Florida.