Victor Lopez v. Ginger Health Company

Case Summary

According to the complaint, Victor Lopez, a visually-impaired individual, is suing Ginger Health Company for failing to make its website, www.wonderbelly.com, accessible to blind users. The complaint alleges that the website contains numerous barriers that prevent visually-impaired individuals from accessing its products and services, violating the Americans with Disabilities Act (ADA) and New York State laws. Lopez claims he encountered issues such as lack of alternative text for images and broken links while trying to purchase products. He seeks a permanent injunction to require the company to improve website accessibility and compensatory damages for the discrimination faced.

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 persons.
• Plaintiff encountered multiple access barriers while attempting to use the website.
• Defendant has failed to comply with WCAG 2.0 guidelines.

Requested Relief

• Permanent injunction requiring Defendant to make its Website accessible to blind individuals.
• Compensatory damages for violations of civil rights under New York State Human Rights Law and GBL § 349.
• Reasonable attorneys’ 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, as Plaintiff’s claims arise under Title III of the ADA and New York State laws.