Victor Lopez v. FLEXTAIL TECHNOLOGY (USA) INC.

Case Summary

According to the complaint, Victor Lopez, a visually-impaired individual, is suing Flextail Technology (USA) Inc. for failing to make its website accessible as required by the Americans with Disabilities Act (ADA). The complaint alleges that the website, https://www.flextail.com/, contains multiple barriers that prevent blind users from accessing its content and services, including lack of alternative text for images and broken links. Plaintiffs seek a permanent injunction to require the defendant to make its website accessible and to provide compensatory damages for the alleged violations. The case is filed in the Southern District of New York, asserting that the defendant's actions violate both federal and state laws regarding accessibility.

Causes of Action

• Violations of the ADA
• Violations of the NYSHRL
• Violations of the NYCHRL
• Violation of GBL § 349

Key Allegations

• Defendant's website is not accessible to blind and visually-impaired individuals.
• Plaintiff encountered multiple access barriers on the website.
• Defendant has failed to comply with ADA requirements for website accessibility.

Requested Relief

• Permanent injunction requiring Defendant to make its website accessible to blind individuals.
• Compensatory damages for violations of civil rights under various laws.
• Attorney's fees and costs.

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 offered by Defendant’s Website, during the relevant statutory period.

Jurisdiction & Venue

The Court has subject-matter jurisdiction under 28 U.S.C. § 1331 and 42 U.S.C. § 12181, and supplemental jurisdiction under 28 U.S.C. § 1367 over Plaintiffs’ claims pursuant to New York State Human Rights Law.