A visually-impaired plaintiff has filed a class action lawsuit against an online retailer, alleging violations of the Americans with Disabilities Act (ADA) due to the inaccessibility of its website. The complaint was lodged by ESLIMERARI RAMOS on July 8, 2024, in the United States District Court for the Northern District of Illinois against KAILAS INTERNATIONAL, INC., doing business as PAGODA RED.
The plaintiff, ESLIMERARI RAMOS, who is legally blind and relies on screen-reading software to navigate websites, claims that PAGODA RED's website is not accessible to visually impaired users. According to the complaint, Ramos attempted multiple times to use the website but encountered numerous barriers that prevented her from completing a purchase. Specifically, she tried to buy a coffee table made from natural materials but was unable to do so due to missing alt-text, hidden elements on web pages, incorrectly formatted lists, unannounced pop-ups, unclear labels for interactive elements, and broken links.
Ramos argues that these barriers violate her rights under Title III of the ADA. She points out that approximately 8.1 million people in the United States are visually impaired according to a 2010 U.S. Census Bureau report. The plaintiff contends that by failing to make its website accessible, PAGODA RED denies full and equal access to its goods and services for blind and visually impaired consumers.
The lawsuit seeks several forms of relief. Ramos requests a permanent injunction requiring PAGODA RED to modify its corporate policies and procedures so that its website complies with WCAG 2.1 guidelines for accessibility. This includes training employees on accessibility compliance, regularly checking and testing user accessibility by blind or vision-impaired persons, and developing an accessibility policy clearly disclosed on the website with contact information for reporting issues.
In addition to injunctive relief, Ramos seeks nominal damages and reimbursement for costs and expenses associated with bringing the lawsuit. She also asks for certification of a nationwide class consisting of all legally blind individuals who have been denied access to PAGODA RED's website.
The case is being handled by attorney Yaakov Saks from Stein Saks PLLC. The case ID is 1:24-cv-5730.