Plaintiff
- Name: Ysmarie Rivera
- Filing Date: August 19, 2026
- Court: United States District Court Southern District of New York
- State: New York
- Attorney Firm: Joseph & Norinsberg, LLC
Defendant
- Name: Oats Overnight, Inc.
- Website: www.oatsovernight.com
- Industry: Food Products
- Standards Cited: WCAG 2.1 Level AA
- Summary: Operates a retail ecommerce platform selling single-serve, high-protein oatmeal packets, multi-flavor bundles, and subscription-based recurring shipments.
Case Summary
According to the complaint, Ysmarie Rivera, a legally blind individual, is suing Oats Overnight, Inc. for violations of the Americans with Disabilities Act due to the inaccessibility of its website, www.oatsovernight.com. Rivera alleges that she encountered numerous barriers while attempting to access the site to purchase oatmeal products, including missing alternative text and unlabeled buttons, which prevented her from independently navigating and completing transactions. The complaint seeks injunctive relief to require the defendant to make its website accessible and to certify a class of similarly situated individuals who have faced similar barriers.
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 inaccessible to blind users due to missing alternative text, broken ARIA references, unlabeled buttons, and improper heading structure.
- Plaintiff encountered multiple access barriers preventing her from independently evaluating and purchasing products.
- Defendant failed to comply with WCAG 2.1 accessibility standards.
Requested Relief
- A preliminary and permanent injunction prohibiting Defendant from violating Title III of the ADA.
- A preliminary and permanent injunction requiring Defendant to make www.oatsovernight.com fully accessible.
- A declaration that Defendant discriminates against blind individuals and fails to provide equal access as required by law.
- An order certifying the proposed Class and New York Subclass under Fed. R. Civ. P. 23.
Proposed Class
All legally blind individuals in the United States who have attempted to access www.oatsovernight.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 ADA.

