A new lawsuit claims that a major online fragrance retailer’s website contains barriers that prevent blind and visually impaired consumers from accessing its products and services on equal terms with sighted customers. The complaint alleges that these barriers violate federal, state, and city disability rights laws and seeks both injunctive relief and damages for those affected.
The class action complaint was filed by Glen Rushefsky in the United States District Court for the Southern District of New York on March 14, 2026, naming Arvella Fragrance LLC as the defendant.
According to the filing, Glen Rushefsky is a legally blind resident of Bronx County who relies exclusively on screen-reader software such as NonVisual Desktop Access (NVDA) to navigate websites, read product information, and complete online transactions. Rushefsky states he attempted to browse and purchase specific fragrance products from www.arvellafragrance.com on three occasions—December 16, 2025; December 17, 2025; and February 10, 2026—but was unable to do so due to what he describes as “multiple accessibility barriers.”
The complaint outlines how NVDA announced product images only as “graphic,” presented size selectors as unlabeled buttons, and labeled the “Add to Cart” control without any accessible name or purpose. As a result, Rushefsky says he could not determine product details or complete purchases. Automated accessibility audits cited in the filing confirm these issues: WAVE scans of several key pages reported numerous errors including missing alternative text for images, empty buttons and links, broken ARIA references, missing form labels, unlabeled interactive controls, and contrast errors.
Rushefsky argues that these issues are not isolated but instead represent systemic failures across Arvella Fragrance’s core e-commerce flows. He claims this prevents him—and other similarly situated individuals—from enjoying “the full and equal enjoyment of Defendant’s goods, services, privileges, and advantages,” which he alleges violates Title III of the Americans with Disabilities Act (ADA), the New York State Human Rights Law (NYSHRL), the New York City Human Rights Law (NYCHRL), and the New York State Civil Rights Law (NYCRL).
The complaint provides detailed accounts of Rushefsky’s attempts to shop for specific products such as Yves Saint Laurent La Nuit de L’Homme Sample and Valentino Uomo Born In Roma Extradose Parfum. Each attempt reportedly resulted in an inability to select sizes or add items to his cart due to missing labels or inaccessible controls. The filing further states that filter options were not usable via screen reader technology because they lacked proper labeling or structure.
In addition to recounting personal experiences with alleged access barriers on particular dates in late 2025 and early 2026, Rushefsky asserts that Arvella Fragrance LLC has failed to implement industry-standard accessibility practices despite widespread guidance on web accessibility requirements under WCAG 2.1 Level AA standards.
The lawsuit seeks certification of a nationwide class consisting of all legally blind individuals in the United States who have attempted to access www.arvellafragrance.com but were denied equal access due to persistent accessibility barriers during the relevant statutory period. A subclass for New York residents is also proposed.
Among other remedies requested from the court are:
– A preliminary and permanent injunction requiring Arvella Fragrance LLC to remediate its website’s accessibility barriers;
– Adoption of accessibility policies ensuring future compliance;
– Compensatory damages including statutory damages under state law;
– Pre-judgment and post-judgment interest;
– An award covering costs of litigation including attorneys’ fees;
– Declaratory relief stating that current website operations discriminate against blind consumers in violation of applicable laws.
Rushefsky maintains his intent is concrete and ongoing: “His interest is not abstract or generalized; it is tied to specific products…specific attempted transactions on specific pages…and specific functional needs arising from his blindness.” The complaint contends that absent injunctive relief from the court, discrimination will continue against him and others similarly situated.
The plaintiff is represented by Robert Schonfeld of Joseph & Norinsberg LLC. The case number is 1:26-cv-02125.
Source: 126cv02125_Glen_Rushefsky_v_Arvella_Fragrance_Complaint_Southern_District_of_New_York..pdf
