Rosemarie Ramirez v. The Neiman Marcus Group, LLC

Case Summary

According to the complaint, plaintiff Rosemarie Ramirez, a visually-impaired individual, alleges that The Neiman Marcus Group, LLC has failed to make its website, www.horchow.com, accessible to blind users, violating the Americans with Disabilities Act (ADA). The plaintiff claims that she encountered numerous barriers while attempting to access the website to purchase a Beaded Christmas Tree Skirt, which prevented her from completing her transaction. The complaint seeks a permanent injunction requiring the defendant to comply with accessibility standards and to ensure that its website is usable by individuals with disabilities.

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 access to the website.
• Defendant failed to comply with WCAG 2.1 guidelines.

Requested Relief

• Preliminary and permanent injunction to prohibit violations of the ADA.
• Injunction requiring compliance with ADA requirements for website accessibility.
• Declaration of discrimination against blind individuals on the website.
• Certification of the Class and appointment of Plaintiff as Class Representative.
• Payment of nominal damages.
• Pre- and post-judgment interest.
• Award of costs and expenses of this action.

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).