Ysmarie Rivera v. BOP LLC d/b/a Shopbop

Case Summary

According to the complaint, Ysmarie Rivera is suing BOP LLC d/b/a Shopbop for violations of the Americans with Disabilities Act due to the inaccessibility of its website, www.shopbop.com, for blind and visually impaired individuals. Rivera alleges that she encountered numerous barriers while attempting to access the site to purchase apparel, including missing alternative text and broken ARIA references, which prevented her from independently evaluating products. The complaint seeks injunctive relief to require the defendant to make its website accessible and to certify a class of legally blind individuals who have faced similar issues.

Causes of Action

• Violations of the ADA, 42 U.S.C. § 12182 et seq.
• New York State Human Rights Law
• Violation of New York State Civil Rights Law
• Violations of the New York City Human Rights Law
• Declaratory Relief

Key Allegations

• Defendant's website is not accessible to blind and visually impaired individuals.
• Plaintiff encountered multiple accessibility barriers while attempting to access the website.
• Defendant failed to provide an accessible website that complies with WCAG 2.1.

Requested Relief

• Preliminary and permanent injunction prohibiting Defendant from violating Title III of the ADA.
• Preliminary and permanent injunction requiring Defendant to make the website fully accessible.
• Declaration that Defendant discriminates against blind individuals.
• Certification of the proposed Class and New York Subclass.
• Award of costs, litigation expenses, and reasonable attorneys’ fees.

Proposed Class

All legally blind individuals in the United States who have attempted to access https://www.shopbop.com and, as a result of Defendant’s failure to design, construct, maintain, and operate the Website in an accessible manner, were denied equal access to the goods, services, and information offered thereon.

Jurisdiction & Venue

This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1331 because Plaintiff’s claims arise under the laws of the United States, including Title III of the Americans with Disabilities Act.