Plaintiff
- Name: Nicholas Pagan
- Filing Date: May 11, 2026
- Court: United States District Court Southern District of Florida
- State: Florida
- Attorney Firm: Alberto R. Leal, Esq., P.A.
Defendant
- Name: Bloomingdale'S, LLC.
- Website: www.bloomingdales.com
- Industry: Retailing
- Standards Cited: WCAG 2.2 AA
- Summary: Offers goods and services to the public through retail stores and an integrated website, including special sales, price listings, and access to product information.
Case Summary
According to the complaint, Nicholas Pagan alleges that Bloomingdale's, LLC. has a website that is not accessible to blind and visually impaired consumers, violating the Americans with Disabilities Act (ADA). Pagan seeks a permanent injunction to require Bloomingdale's to change its corporate policies and website to eliminate digital barriers that prevent access. The complaint details specific access issues, including the lack of text equivalents for non-text elements and inadequate information conveyed for screen reader users. Pagan claims that these barriers have denied him full access to the website and intends to continue using it if it becomes accessible. He requests various forms of relief, including attorney's fees and costs.
Causes of Action
- Title III of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.
Key Allegations
- Website is not accessible to blind and visually impaired consumers
- Digital barriers limit access to website content
- Defendant has never had a plan or policy to make its Website fully accessible
Requested Relief
- Permanent injunction requiring changes to website accessibility
- Payment of costs of suit
- Payment of reasonable attorneys’ fees
- Provision of other relief deemed just and appropriate
Jurisdiction & Venue
This Court has federal question jurisdiction pursuant to 28 U.S.C. §1331 and 42 U.S.C. § 12188. Venue is proper under 28 U.S.C. §1391(b)(2).
