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
- 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 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, which he alleges prevents visually disabled individuals from effectively using it. The plaintiff claims that the website contains numerous barriers that hinder navigation and communication for users relying on screen reader software. He seeks a declaration that the website violates the ADA, injunctive relief to ensure accessibility, and compensatory damages for the alleged trespass of his personal computer through unauthorized data collection. The complaint highlights the importance of accessible digital services for individuals with disabilities.
Causes of Action
- Violation of the ADA
- Trespass
Key Allegations
- Defendant's website is inaccessible to visually disabled individuals using screen reader software.
- Defendant has not provided full and equal access to the website as required by the ADA.
- Plaintiff has suffered discrimination due to the website's barriers.
Requested Relief
- Declaratory judgment that the website violates the ADA
- Injunctive relief to update the website for accessibility
- Compensatory damages for trespass
- Attorney's fees and costs
Jurisdiction & Venue
Federal question jurisdiction under 28 U.S.C. §1331 and ADA provisions
