Rosemarie Ramirez v. FYF-JB, LLC

Case Summary

According to the complaint, plaintiff ROSEMARIE RAMIREZ, a visually-impaired individual, is suing FYF-JB, LLC for failing to make its website, www.jollypets.com, accessible to blind users. The plaintiff alleges that she encountered numerous barriers while attempting to access the website to purchase a dog toy, which prevented her from completing her transaction. The complaint cites violations of the Americans with Disabilities Act (ADA) and seeks a permanent injunction to require the defendant to make necessary changes to its website to ensure accessibility for visually-impaired consumers. The plaintiff also seeks class certification for all legally blind individuals who have faced similar issues with the website.

Causes of Action

• Violations of the ADA, 42 U.S.C. § 12182 et seq.
• Declaratory Relief

Key Allegations

• Defendant's website is not accessible to blind and visually impaired individuals.
• Plaintiff encountered barriers that denied her full and equal access to the website.
• Defendant has failed to comply with the ADA's accessibility requirements.

Requested Relief

• Permanent injunction requiring Defendant to make its website accessible to blind individuals.
• Declaration that Defendant's website discriminates against blind individuals.
• Certification of the Class under Fed. R. Civ. P. 23.

Proposed Class

All legally blind individuals in the United States who have attempted to access Defendant’s Website and as a result have been denied access to the equal enjoyment of goods and services, 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).