Plaintiff
- Name: Paradise Morgan
- Filing Date: December 4, 2025
- Court: United States District Court Southern District of New York
- State: New York
- Attorney Firm: Shaked Law Group, P.C.
Defendant
- Name: Notable Capital Management, L.L.C., Viavia Corporation
- Website: www.BNTO.com
- Industry: Apparel
- Standards Cited: WCAG 2.1
- Summary: Provides an AI-powered fashion rental subscription service allowing users to rent clothing on a monthly basis from curated selections of global and emerging brands, along with promotions and social media connections.
Case Summary
According to the complaint, Paradise Morgan, a visually-impaired individual, is suing Notable Capital Management, L.L.C. and Viavia Corporation for failing to make their website, BNTO.com, accessible. The plaintiff alleges that the website contains numerous barriers that prevent blind users from completing transactions, violating the Americans with Disabilities Act and New York State laws. The complaint details specific access issues encountered by the plaintiff, including the lack of alt-text and inaccessible navigation. The plaintiff seeks a permanent injunction to require the defendants to make their website accessible and compensatory damages for the discrimination faced.
Causes of Action
- Violation of 42 U.S.C. §§ 12181 et seq. - Title III of the Americans with Disabilities Act
- Violation of New York State Human Rights Law, N.Y. Exec. Law Article 15 (Executive Law § 292 et seq.)
- Violation of New York State Civil Rights Law, NY CLS Civ R, Article 4 (CLS Civ R § 40 et seq.)
- Violation of New York City Human Rights Law, N.Y.C. Administrative Code § 8-102, et seq.
- Declaratory Relief
Key Allegations
- Defendants failed to design and maintain their website to be accessible to blind and visually-impaired persons.
- Plaintiff was unable to complete a transaction on BNTO.com due to numerous access barriers.
- Defendants' website lacks essential features such as alt-text, accessible forms, and keyboard navigation.
Requested Relief
- Permanent injunction requiring Defendants to make BNTO.com accessible to blind individuals.
- Compensatory damages for violations of civil rights under New York State Human Rights Law and City Law.
- Plaintiff's reasonable attorneys' fees, expenses, and costs of suit.
Proposed Class
Individuals with disabilities, specifically those who are blind or visually impaired, who are denied equal access to the goods and services offered by BNTO.com due to accessibility barriers.
Jurisdiction & Venue
This Court has subject matter jurisdiction under 28 U.S.C. § 1331 and 42 U.S.C. § 12181, as claims arise under Title III of the ADA and diversity jurisdiction exists.