Plaintiff
- Name: Nestor A. Proveyer
- Filing Date: January 21, 2026
- Court: United States District Court Southern District of Florida
- State: Florida
- Attorney Firm: Mendez Law Offices, PLLC; Adams & Associates, P.A.
Defendant
- Name: Garmin USA, Inc.
- Website: www.garmin.com
- Industry: Consumer Goods
- Standards Cited: WCAG 2.1
- Summary: Defendant sells smart watches, sport products, GPS handhelds, car cameras, stereos, speakers, and accessories.
Case Summary
According to the complaint, Plaintiff Nestor A. Proveyer alleges that Garmin USA, Inc. operates a website that is inaccessible to individuals with visual disabilities, violating the Americans with Disabilities Act (ADA). The Plaintiff, who is visually impaired, attempted to use the website to purchase a handheld GPS but encountered numerous barriers that prevented effective communication and navigation. The complaint details specific access issues, such as unannounced error messages and non-functional menu items, which hinder the ability of screen reader users to interact with the site. The Plaintiff seeks a court order requiring Garmin to make its website accessible and to provide compensatory damages for the alleged trespass of 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 using screen reader software.
- Plaintiff faced numerous access barriers while attempting to use the website.
- Defendant failed to provide reasonable modifications to ensure accessibility.
Requested Relief
- Declaratory judgment that the website violates the ADA.
- Injunctive relief requiring Defendant to make the website accessible.
- Compensatory damages for trespass to Plaintiff's personal property.
Proposed Class
Individuals with visual disabilities who require assistive technologies to access websites.
Jurisdiction & Venue
Southern District of Florida, Miami-Dade Division
