Plaintiff
- Name: Randolph Simmons
- Filing Date: August 11, 2026
- Court: United States District Court Southern District of New York
- State: New York
- Attorney Firm: Joseph & Norinsberg, LLC
Defendant
- Name: Theubeauty.com, LLC
- Website: www.theubeauty.com
- Industry: Consumer Goods
- Standards Cited: WCAG 2.1 Level A and AA
- Summary: Defendant operates an ecommerce platform that markets and sells skincare products and related consumer goods.
Case Summary
According to the complaint, Randolph Simmons, a legally blind individual, is suing TheUBeauty.com, LLC for violations of the Americans with Disabilities Act due to the inaccessibility of its ecommerce website, www.theubeauty.com. Mr. Simmons alleges that he encountered numerous barriers while attempting to access product information, including missing alternative text and broken interactive elements. He seeks injunctive relief to require the defendant to make its website accessible and claims that the defendant has failed to remediate known accessibility issues following prior litigation. The complaint also includes class action allegations on behalf of all legally blind individuals who have faced similar barriers.
Causes of Action
- Violations of the ADA, 42 U.S.C. § 12182 et seq.
- New York State Human Rights Law (NYSHRL)
- Violation of New York State Civil Rights Law (NYCRL)
- Violations of the New York City Human Rights Law (NYCHRL)
- Declaratory Relief
Key Allegations
- Defendant's website is inaccessible to blind and visually impaired individuals.
- Plaintiff encountered multiple accessibility barriers preventing independent access to product information.
- Defendant failed to remediate accessibility issues after prior litigation.
Requested Relief
- Injunctive relief requiring Defendant to make the website accessible to blind individuals.
- Certification of the proposed Class and New York Subclass.
- Award of costs, litigation expenses, and reasonable attorneys' fees.
Proposed Class
All legally blind individuals in the United States who have attempted to access www.theubeauty.com and, as a result of Defendant's failure to design, construct, maintain, and operate the Website in an accessible manner, were denied equal access to the goods, services, and information offered thereon.
Jurisdiction & Venue
This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1331 because Plaintiff's claims arise under the laws of the United States, including Title III of the ADA.
