Rosemarie Ramirez v. Radio Systems Corporation, d/b/a Petsafe Brands

Case Summary

According to the complaint, plaintiff Rosemarie Ramirez, a visually-impaired individual, alleges that Radio Systems Corporation, doing business as PetSafe Brands, has failed to make its website, www.petsafe.com, accessible to blind users. The complaint states that Ramirez encountered multiple barriers while attempting to access the website to purchase pet products, specifically a Busy Buddy Kibble Nibble. She claims these barriers violate her rights under the Americans with Disabilities Act (ADA). Ramirez seeks a permanent injunction requiring the defendant to make its website compliant with accessibility standards and to implement policies ensuring ongoing accessibility. The case is filed as a class action on behalf of all legally blind individuals who have faced similar issues accessing 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 failed to comply with WCAG 2.1 guidelines.

Requested Relief

• A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act.
• A declaration that Defendant's website discriminates against the blind.
• Payment of nominal damages.
• An award of costs and expenses of this action together with reasonable attorneys’ and expert fees.

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.