Plaintiff
- Name: Nestor A. Proveyer
- Filing Date: May 12, 2026
- Court: United States District Court Southern District of Florida
- State: Florida
- Attorney Firm: Mendez Law Offices, PLLC; Adams & Associates, P.A.
Defendant
- Name: The RealReal, Inc.
- Website: www.therealreal.com
- Industry: Retailing
- Standards Cited: WCAG 2.0 Level AA
- Summary: A company that sells men's and women's clothing, bags, jewelry, watches, home décor, and fine art.
Case Summary
According to the complaint, Nestor A. Proveyer is suing The RealReal, Inc. for violations of the Americans with Disabilities Act (ADA) due to accessibility barriers on their website, https://www.therealreal.com/. Proveyer, who is visually impaired, alleges that he encountered numerous issues while attempting to access the site, including unlabeled graphics and inaccessible navigation elements. He claims these barriers prevent him from obtaining necessary information to make purchases from the company's physical locations. Proveyer seeks both declaratory and injunctive relief to ensure the website is accessible, as well as damages for the alleged trespass of tracking software on his computer.
Causes of Action
- Violation of the ADA
- Trespass
Key Allegations
- Plaintiff is visually impaired and requires assistive technologies to access the website.
- Defendant's website contains access barriers that prevent effective use by visually disabled individuals.
- Plaintiff encountered specific access barriers including unlabeled graphics and inaccessible menus.
Requested Relief
- Declaratory relief that the website violates the ADA
- Injunctive relief requiring the website to be made accessible
- Compensatory damages for trespass to personal property
- Attorney's fees and costs
Jurisdiction & Venue
Southern District of Florida, Miami-Dade Division
