Nicole Davis v. Marika, LLC

Case Summary

According to the complaint, Nicole Davis, a visually impaired individual, is suing Marika, LLC for failing to make its website, https://marika.com/, accessible to blind users. The complaint alleges that the website contains significant barriers that prevent visually impaired individuals from independently navigating and completing purchases. Key issues include the lack of alternative text for images, reliance on mouse navigation, and confusing heading structures. Davis seeks a permanent injunction to require Marika to make its website accessible and compensatory damages for the class of visually impaired individuals affected by these barriers.

Causes of Action

• Violation of the Americans with Disabilities Act (ADA)
• Declaratory Relief

Key Allegations

• Website is inaccessible to visually impaired individuals
• Failure to provide alternative text for images
• Inability to complete transactions without a mouse
• Multiple heading level 1 tags causing confusion
• Lack of accessible forms and navigation for screen-reader users

Requested Relief

• Permanent injunction requiring Defendant to make the Website accessible
• Compensatory damages for Class Members
• Certification of the case as a class action

Proposed Class

All legally blind individuals in the United States who have attempted to access the Website and as a result have been denied access to the enjoyment of goods and services offered by the Website, during the relevant statutory period.

Jurisdiction & Venue

This Court has subject-matter jurisdiction under 28 U.S.C. § 1331 and 42 U.S.C. § 12182; venue is proper under 28 U.S.C. §1391(b)(1) and (2).