A new class action lawsuit claims that an online retailer’s website fails to provide equal access for blind and visually impaired consumers, raising concerns about digital accessibility standards under federal and state law. The complaint was filed by Victor Lopez on March 12, 2026, in the United States District Court for the Southern District of New York against Lifestyle Evolution, Inc., which operates the Nugo online retail store.
According to court documents, Lopez alleges that he and other similarly situated individuals are unable to fully use or enjoy the goods and services offered on www.nugo.com due to multiple barriers incompatible with screen-reading software. The filing states that Lopez is legally blind and relies on assistive technology such as JAWS screen-reader software to navigate websites. Despite several attempts—including one on February 25, 2026—to purchase Dulce de Leche Bars from the site, Lopez reports encountering broken links, images without alternative text attributes, redundant navigation elements, and other issues that prevented him from completing his transaction or accessing product information.
The complaint references guidance from the U.S. Department of Justice confirming that public accommodations must make their websites accessible under Title III of the Americans with Disabilities Act (ADA). It cites statistics indicating millions of Americans are visually impaired—including approximately 400,000 in New York State—and argues that inaccessible web content increases isolation among those affected. “When Congress enacted the ADA in 1990, it intended for the ADA to keep pace with the rapidly changing technology of our times,” states one section of the filing.
Lopez asserts that Nugo’s website constitutes a place of public accommodation under both federal and New York law because it serves as an online sales establishment offering nutrition bars and related products nationwide. The suit details specific technical shortcomings on www.nugo.com—such as missing alternative text for images, empty or broken links not readable by screen readers, repetitive page titles hindering navigation for visually impaired users, and inaccessible forms—that allegedly violate well-established guidelines like version 2.0 of the Web Content Accessibility Guidelines (WCAG 2.0).
The legal arguments center on four causes of action: violations of Title III of the ADA; violations of New York State Human Rights Law; violations of New York City Human Rights Law; and deceptive practices under New York General Business Law Section 349. The complaint alleges intentional discrimination based on disability by failing to update or remove access barriers despite awareness of their impact. “Plaintiff has suffered and continues to suffer frustration and humiliation as a result of the discriminatory conditions present on Defendant’s Website,” according to court filings.
As relief, Lopez seeks a preliminary and permanent injunction requiring Lifestyle Evolution, Inc., to bring its website into full compliance with accessibility requirements set forth in federal and state law. Specific measures requested include retaining a qualified web accessibility consultant; conducting regular automated audits; providing staff training; implementing feedback mechanisms for reporting accessibility problems; modifying bug fix policies; posting public statements about ongoing efforts; certifying classes representing affected individuals nationwide as well as within New York State and City; compensatory damages including statutory fines where applicable; attorneys’ fees; costs; pre-judgment interest; post-judgment interest; and any further relief deemed appropriate by the court.
The suit also demands a jury trial on all questions of fact raised by these allegations. Attorneys Michael A. LaBollita, Jeffrey M. Gottlieb, and Dana L. Gottlieb from Gottlieb & Associates PLLC represent Lopez in this matter (Case No. 1:26-cv-02062).
Source: 126cv02062_Victor_Lopez_v_Lifestyle_Evolution_Complaint_Southern_District_of_New_York.pdf
