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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

ARANTZA ESPINOZA, CASE NO.

 Plaintiff,

vs.

DELTA GALIL USA, INC.,

A Foreign for Profit Corporation 

D/B/A SPLENDID 

Defendant.

____________________________________________/

COMPLAINT FOR DECLARATORY AND

INJUNCTIVE RELIEF, AND JURY TRIAL DEMAND

 Plaintiff, ARANTZA ESPINOZA, through undersigned counsel, sues Defendant DELTA 

GALIL USA, INC., a foreign corporation d/b/a SPLENDID (hereinafter referred to as 

“SPLENDID”), for declaratory and injunctive relief, and damages, and alleges as follows:

1) This action is brought under Title III of the Americans with Disabilities Act (“ADA”), that 

is codified in 42 U.S.C. §§12181-12189. 

2) This action is also brought pursuant to 28 C.F.R. Part 36.

3) This Court has jurisdiction over this case based on federal question jurisdiction, as provided 

in 28 U.S.C. §1331 and the provisions of the ADA.

4) Furthermore, because this Court has jurisdiction over the ADA claim, the Court has 

supplementary jurisdiction over Plaintiff’s common law tort claim pursuant to 28 U.S.C. §1367.

5) Plaintiff is sui juris, and she is disabled as defined by the ADA and ADA Amendments Act 

of 2008, 42 U.S.C. §12101 (“ADAAA”).

Case 1:22-cv-23358-XXXX Document 1 Entered on FLSD Docket 10/14/2022 Page 1 of 28
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6) Defendant, SPLENDID, is a foreign limited liability company authorized to do business 

and doing business in the State of Florida.

7) Defendant, SPLENDID, is a company that sells women’s clothing, swimwear, bridalwear, 

sleepwear, kid’s clothes, home decor, shoes, and accessories. There is a retail location in MiamiDade County.

8) Plaintiff seeks declaratory and injunctive relief pursuant to 28 U.S.C. §§ 2201 and 2202.

9) Plaintiff desires to prevent discrimination and demands equal access to Defendant’s 

internet website to purchase a t-shirt.

10) Plaintiff also seeks declaratory and injunctive relief for trespass against the Plaintiff’s 

computer. The computer is Plaintiff’s personal property, and a claim for trespass attached to same.

11) The Defendant is also liable for compensatory damages to Plaintiff as a result of the 

trespass to Plaintiff’s personal property.

12) The remedies provided under common law for trespass are not exclusive, and same may 

be sought in connection with suits brought under the ADA.

13) Venue is proper in the Southern District of Florida, Miami-Dade Division, since all 

events, actions, injuries, and damages complained of herein occurred in the Southern District of 

Florida.

14) Furthermore, Plaintiff is a resident of Miami-Dade County which falls within the Miami 

Division of the Southern District of Florida.

15) At all relevant times, Plaintiff is and was visually impaired and has Leber Congenital 

Amaurosis since birth that substantially impairs Plaintiff’s vision.

16) Plaintiff’s visual impairment interferes with her day-to-day activities and causes 

limitations in visualizing their environment. As such, Plaintiff is a member of a protected class 

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under the ADA, 42 U.S.C. § 12102(1) - (2), the regulations implementing the ADA set forth at 28 

CFR §§ 36.101, et seq., and in 42 U.S.C. 3602, §802(h). 

17) Plaintiff regularly uses the computer, but she needs the assistance of special software for 

visually impaired persons. The software that she uses is screen reader software that is readily 

available commercially.

18) Defendant is a private entity which owns and operates retail locations. The stores are 

open to the public, and each of Defendant’s locations is defined as a “public accommodation" 

within the meaning of Title III of the ADA because Defendant is a private entity which owns 

and/or operates “[A] bakery, grocery store, clothing store, hardware store, shopping center, or 

other sales or rental establishment,” per 42 U.S.C. §12181(7)(E) and 28 C.F.R. §36.104(2).

19) Defendant’s website is a place of public accommodation per 42 U.S.C. Section 

12181(7)(E) because it’s an extension of Defendant’s brick and mortar stores. The public is able 

to, among other things, view the products available at defendant’s locations, purchase women’s 

clothing, swimwear, bridalwear, sleepwear, kid’s clothes, home decor, shoes, and accessories 

through defendant’s website, obtain 15% off when you sign up for texts, create an account and 

register to track orders, create a wish list, and learn the story behind Defendant’s brand.

20) Since the Defendant’s website is a public accommodation, it must comply with the 

requirements of the ADA. The website cannot discriminate against individuals with disabilities. 

21) Plaintiff is a customer of Defendant who is and was interested in purchasing a t-shirt 

through Defendant’s website and at Defendant’s stores and visiting Defendant’s brick and mortar 

locations. 

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22) Plaintiff is not able to visit the physical locations without the assistance of a family 

member or caretaker, so the ability to purchase merchandise on Defendant’s website for delivery 

to her home is important to her as an alternative when she is not able to visit the Defendant’s stores.

23) The website also services Defendant’s physical stores by providing information on its 

brand, track orders, receive promotions and other information that Defendant is interested in 

communicating to its customers about its physical locations.

24) Since the website allows the public the ability to view the products available at 

defendant’s locations, purchase women’s clothing, swimwear, bridalwear, sleepwear, kid’s 

clothes, home decor, shoes, and accessories through defendant’s website, obtain 15% off when 

you sign up for texts, create an account and register to track orders, create a wish list, and learn the 

story behind Defendant’s brand, the website is an extension of, and gateway to, Defendant’s 

physical stores. By this nexus, the website is characterized as an intangible service, privilege and 

advantage provided by a place of public accommodation as defined under the ADA, and thus an 

extension of the services, privileges and advantages made available to the general public by 

Defendant through its retail brick and mortar stores.

25) Because the public can view and purchase Defendant’s merchandise that is also offered 

for sale by Defendant at its physical stores, obtain 15% off when you sign up for texts, create an 

account and register to track orders, create a wish list, and learn the story behind Defendant’s brand

the website is an extension of and gateway to the physical stores, which are places of public 

accommodation pursuant to 42 U.S.C. § 12181(7)(E). As such, the website, as an intangible 

service, privilege and advantage of Defendant’s brick and mortar locations, must be fully 

accessible and in compliance with the ADA, must not discriminate against individuals with 

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disabilities, and must not deny full and equal enjoyment of the same services, privileges and 

advantages afforded to the general public both online and at the physical locations.

26) At all times material hereto, Defendant was and still is an organization owning and 

operating the website located at https://www.splendid.com/ Since the website is open through the 

internet to the public as an extension of the retail stores, by this nexus the website is an intangible 

service, privilege and advantage of Defendant’s brick and mortar locations, and Defendant has 

subjected itself and the associated website it created and maintains to the requirements of the ADA.

27) Plaintiff is and/or has been a customer who is interested in patronizing, and intends to 

patronize, Defendant’s physical stores, and purchase Defendant’s merchandise, sign up for 

Defendant’s newsletter and create an account through the website and at Defendant’s physical 

stores.

28) The opportunity to shop Defendant’s merchandise from her home is an important 

accommodation for Plaintiff because traveling outside of the home as a visually disabled individual 

is often a difficult, hazardous, frustrating, confusing, and frightening experience. Defendant has

not provided its business information in any other digital format that is accessible for use by blind 

and visually disabled individuals using screen reader software.

29) Like most consumers, Plaintiff accesses numerous websites at a time to compare 

merchandise and prices. Plaintiff may look at several dozens of sites to compare features and 

prices.

30) During the months of June and July, 2022, Plaintiff attempted on several occasions to 

utilize the website to browse through the merchandise to educate herself as to the merchandise and 

with the intent to make a purchase through the website or at one of Defendant’s physical stores.

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31) Places of public accommodation are not just brick-and-mortar structures. The United 

States Department of Justice and the binding case law increasingly recognize that private entities 

are providing goods and services to the public through websites that operate as places of public 

accommodation under Title III.

32) Defendant is required to make reasonable accommodations to its websites for individuals 

with disabilities to allow them to participate in web-based promotions and obtain goods or services 

via the Internet just as sighted persons are able to do.

33) Plaintiff utilized Chrome Vox (“Screen Reader Software”) to attempt to purchase clothing 

on Defendant’s website. However, the Plaintiff was not able to freely and fully use Defendant’s 

website because it contains access barriers that make it inaccessible to persons with disabilities, 

and for which there is no reasonable accommodation for the Plaintiff.

34) A person who can see can enjoy the benefits and privileges provided by Defendant’s 

website that include, but are not limited to viewing the products available at defendant’s locations, 

purchasing women’s clothing, swimwear, bridalwear, sleepwear, kid’s clothes, home decor, shoes, 

and accessories through defendant’s website, obtain 15% off when you sign up for texts, create an 

account and register to track orders, create a wish list, and learn the story behind Defendant’s 

brand.

35) A person who cannot see, like the Plaintiff in this case, cannot go to Defendant’s website 

and avail themselves of the same privileges. Thus, the Plaintiff has suffered discrimination due to 

Defendant’s failure to provide a reasonable accommodation for Plaintiff’s disability.

36) The Department of Justice has provided useful guidance regarding website accessibility 

under the ADA, and the binding and persuasive case law in this district has applied the Web 

Content Accessibility Guidelines (“WCAG”) 2.0 or 2.1 to determine accessibility. 

Case 1:22-cv-23358-XXXX Document 1 Entered on FLSD Docket 10/14/2022 Page 6 of 28
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37) Defendant’s website does in fact fail the following WCAG 2.0-AA Compliance standards 

and it does not provide sufficient alternatives to serve the equivalent purpose:

System settings while doing the review:

Operating system: Windows 10

Browser: Google Chrome v. 105.0.5195.127

Screen Reader: NVDA v. 2022.3

List of a few of the violations encountered:

Violation: When the website loads for the first time, a modal offering 15% off the first 

order is activated. The user provides the required information to get the discount, but the 

discount code generated is not rendered in an audible format, making it unusable.

Applicable WCAG 2.1 Standard at Issue: Standard 3.3.2 Labels or Instructions (Level A).

Screen Capture Evidence:

https://www.dropbox.com/s/nbyqirf0xd2skm7/2022_10_09_182050_01.mp4?dl=0

Violation: When navigating the search results page, all the filter buttons have a blank

audible label. That audible prompt alone does not provide useful instructions for the user. 

Applicable WCAG 2.1 Standard at Issue: Standard 3.3.2 Labels or Instructions (Level A).

Screen Capture Evidence:

https://www.dropbox.com/s/00e5l127wn52vpr/2022_10_09_182050_02.mp4?dl=0

Case 1:22-cv-23358-XXXX Document 1 Entered on FLSD Docket 10/14/2022 Page 7 of 28
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Violation: When navigating the search results page, the items listed have a No image 

description graphic link label. That audible prompt alone does not provide useful 

instructions for the user. 

Applicable WCAG 2.1 Standard at Issue: Standard 3.3.2 Labels or Instructions (Level A).

Screen Capture Evidence:

https://www.dropbox.com/s/00e5l127wn52vpr/2022_10_09_182050_02.mp4?dl=0

Violation: Within the product detail page, several buttons have only an audible label of 

button (e.g. Add to wish list button). That audible prompt alone does not provide useful 

instructions for the user. 

Applicable WCAG 2.1 Standard at Issue: Standard 3.3.2 Labels or Instructions (Level A).

Screen Capture Evidence:

https://www.dropbox.com/s/gc407p5cbmm4jp5/2022_10_09_182050_03.mp4?dl=0

Violation: Within the product details, the option to pick color and size is not operable 

through a keyboard interface. This happens both when accessibility mode is turned on 

and when it’s off (see violation below)

Applicable WCAG 2.1 Standard at Issue: Standard 2.1.1 Keyboard (Level A).

Screen Capture Evidence:

https://www.dropbox.com/s/67ctb50jyajg45y/2022_10_09_182050_04.mp4?dl=0

Case 1:22-cv-23358-XXXX Document 1 Entered on FLSD Docket 10/14/2022 Page 8 of 28
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Violation: Within the product details, the option to pick color and size is not operable 

through a keyboard interface. This shortfall in functionality doesn’t allow the user to add 

a product to the cart.

Applicable WCAG 2.1 Standard at Issue: Standard 2.1.1 Keyboard (Level A).

Screen Capture Evidence:

https://www.dropbox.com/s/jus9ww513wu6cfx/2022_10_09_182050_05.mp4?dl=0

Violation: Within the product details, the mechanism for increasing the quantity of the 

product is not labeled in a way that indicates to the user what it does. The label Spin 

button editable selected is not useful.

Applicable WCAG 2.1 Standard at Issue: Standard 3.3.2 Labels or Instructions (Level A).

Screen Capture Evidence:

https://www.dropbox.com/s/jus9ww513wu6cfx/2022_10_09_182050_05.mp4?dl=0

Violation: When a user tries to add a product to the cart without having selected a color 

or size (because of the keyboard interface error noted above) the error message is not 

rendered in an audible format.

Applicable WCAG 2.1 Standard at Issue: Standard 3.3.1 Error Identification (Level A).

Screen Capture Evidence:

https://www.dropbox.com/s/jus9ww513wu6cfx/2022_10_09_182050_05.mp4?dl=0

Case 1:22-cv-23358-XXXX Document 1 Entered on FLSD Docket 10/14/2022 Page 9 of 28
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Violation: Within the product details, when the user activates the size chart it doesn’t 

receive keyboard operability focus. The focus remains on the product details information. 

User is unable to shift focus to and navigate through the size chart.

Applicable WCAG 2.1 Standard at Issue: Standard 2.4.3 Focus Order (Level A).

Screen Capture Evidence: 

https://www.dropbox.com/s/mqdae69dj938lfq/2022_10_09_182050_06.mp4?dl=0

Violation: When the user inputs an incorrect discount code the error message is not 

rendered in an audible format.

Applicable WCAG 2.1 Standard at Issue: Standard 3.3.1 Error Identification (Level A).

Screen Capture Evidence:

https://www.dropbox.com/s/4gvnknvg1vemva3/2022_10_09_182050_07.mp4?dl=0

38) Furthermore, Defendant’s website does not contain accessibility assistance that would 

direct a visually impaired person like the Plaintiff to someone who she can contact for assistance, 

questions, or concerns.

39) Thus, Defendant has not provided full and equal enjoyment of the services, facilities, 

privileges, advantages, and accommodations provided by and through the website, in 

contravention of the ADA. 

40) On information and belief, Defendant is, and at all times has been, aware of the barriers 

to its website which prevent individuals with disabilities who are visually impaired from 

comprehending the information within same, and is also aware of the need to provide access to all 

persons who visit its site. 

Case 1:22-cv-23358-XXXX Document 1 Entered on FLSD Docket 10/14/2022 Page 10 of 28
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41) Plaintiff has no plain, adequate, or complete remedy at law to redress the wrongs alleged 

in this Complaint, such that this suit for declaratory judgment and injunctive relief is her only 

means to secure adequate and complete redress from Defendant’s discriminatory practices in 

connection with use of its website.

42) Notice to Defendant is not required because of Defendant’s failure to cure the violations. 

43) Enforcement of Plaintiff’s rights under the ADA is right and just pursuant to 28 U.S.C. 

§§ 2201 and 2202.

44) Plaintiff has retained the undersigned attorneys to represent her in this case, and has 

agreed to pay them a reasonable fee for their services.

COUNT I – VIOLATION OF THE ADA

45) Plaintiff realleges paragraphs 1 through 44 as if set forth fully herein.

46) Defendant owns and operates the https://www.splendid.com/ website, and is a public 

accommodation subject to the ADA pursuant to 42 U.S.C. §12181(7)(E).

47) Defendant’s website is inaccessible to persons with disabilities like the Plaintiff, who is 

visually impaired. Plaintiff was not able to enjoy full and equal access to the information and 

services that Defendant has made available to the public on its website, in violation of 42 U.S.C. 

§12101. et seq, and as prohibited by 42 U.S.C. §12182 et seq.

48) Defendant’s website is not in compliance with the ADA.

49) Defendant has made no reasonable accommodation for Plaintiff’s disability. 

50) A cursory review of a portion of the Defendant’s website revealed that the website is not 

accessible to persons like the Plaintiff that are visually impaired as required by law and for which 

there is no sufficient alternative on Defendant’s website, including:

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System settings while doing the review:

Operating system: Windows 10

Browser: Google Chrome v. 105.0.5195.127

Screen Reader: NVDA v. 2022.3

List of a few of the violations encountered:

Violation: When the website loads for the first time, a modal offering 15% off the first 

order is activated. The user provides the required information to get the discount, but the 

discount code generated is not rendered in an audible format, making it unusable.

Applicable WCAG 2.1 Standard at Issue: Standard 3.3.2 Labels or Instructions (Level A).

Screen Capture Evidence:

https://www.dropbox.com/s/nbyqirf0xd2skm7/2022_10_09_182050_01.mp4?dl=0

Violation: When navigating the search results page, all the filter buttons have a blank

audible label. That audible prompt alone does not provide useful instructions for the user. 

Applicable WCAG 2.1 Standard at Issue: Standard 3.3.2 Labels or Instructions (Level A).

Screen Capture Evidence:

https://www.dropbox.com/s/00e5l127wn52vpr/2022_10_09_182050_02.mp4?dl=0

Violation: When navigating the search results page, the items listed have a No image 

description graphic link label. That audible prompt alone does not provide useful 

instructions for the user. 

Applicable WCAG 2.1 Standard at Issue: Standard 3.3.2 Labels or Instructions (Level A).

Case 1:22-cv-23358-XXXX Document 1 Entered on FLSD Docket 10/14/2022 Page 12 of 28
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Screen Capture Evidence:

https://www.dropbox.com/s/00e5l127wn52vpr/2022_10_09_182050_02.mp4?dl=0

Violation: Within the product detail page, several buttons have only an audible label of 

button (e.g. Add to wish list button). That audible prompt alone does not provide useful 

instructions for the user. 

Applicable WCAG 2.1 Standard at Issue: Standard 3.3.2 Labels or Instructions (Level A).

Screen Capture Evidence:

https://www.dropbox.com/s/gc407p5cbmm4jp5/2022_10_09_182050_03.mp4?dl=0

Violation: Within the product details, the option to pick color and size is not operable 

through a keyboard interface. This happens both when accessibility mode is turned on 

and when it’s off (see violation below)

Applicable WCAG 2.1 Standard at Issue: Standard 2.1.1 Keyboard (Level A).

Screen Capture Evidence:

https://www.dropbox.com/s/67ctb50jyajg45y/2022_10_09_182050_04.mp4?dl=0

Violation: Within the product details, the option to pick color and size is not operable 

through a keyboard interface. This shortfall in functionality doesn’t allow the user to add 

a product to the cart.

Applicable WCAG 2.1 Standard at Issue: Standard 2.1.1 Keyboard (Level A).

Screen Capture Evidence:

https://www.dropbox.com/s/jus9ww513wu6cfx/2022_10_09_182050_05.mp4?dl=0

Case 1:22-cv-23358-XXXX Document 1 Entered on FLSD Docket 10/14/2022 Page 13 of 28
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Violation: Within the product details, the mechanism for increasing the quantity of the 

product is not labeled in a way that indicates to the user what it does. The label Spin 

button editable selected is not useful.

Applicable WCAG 2.1 Standard at Issue: Standard 3.3.2 Labels or Instructions (Level A).

Screen Capture Evidence:

https://www.dropbox.com/s/jus9ww513wu6cfx/2022_10_09_182050_05.mp4?dl=0

Violation: When a user tries to add a product to the cart without having selected a color 

or size (because of the keyboard interface error noted above) the error message is not 

rendered in an audible format.

Applicable WCAG 2.1 Standard at Issue: Standard 3.3.1 Error Identification (Level A).

Screen Capture Evidence:

https://www.dropbox.com/s/jus9ww513wu6cfx/2022_10_09_182050_05.mp4?dl=0

Violation: Within the product details, when the user activates the size chart it doesn’t 

receive keyboard operability focus. The focus remains on the product details information. 

User is unable to shift focus to and navigate through the size chart.

Applicable WCAG 2.1 Standard at Issue: Standard 2.4.3 Focus Order (Level A).

Screen Capture Evidence: 

https://www.dropbox.com/s/mqdae69dj938lfq/2022_10_09_182050_06.mp4?dl=0

Case 1:22-cv-23358-XXXX Document 1 Entered on FLSD Docket 10/14/2022 Page 14 of 28
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Violation: When the user inputs an incorrect discount code the error message is not 

rendered in an audible format.

Applicable WCAG 2.1 Standard at Issue: Standard 3.3.1 Error Identification (Level A).

Screen Capture Evidence:

https://www.dropbox.com/s/4gvnknvg1vemva3/2022_10_09_182050_07.mp4?dl=0

51) Due to Defendant’s failure to provide an ADA compliant website, the Plaintiff has been 

injured since she has been denied full access to Defendant’s website.

52) As a result, Plaintiff is entitled to injunctive relief pursuant to 42 U.S.C. §12133 and 28 

C.F.R. §36.303 to correct the inaccessibility that leads to discrimination against visually impaired 

persons.

WHEREFORE, Plaintiff requests entry of judgment in her favor and against Defendant for the 

following relief:

A. A declaration that Defendant’s website is in violation of the ADA;

B. An Order requiring Defendant, by a date certain, to update its website, and continue 

to monitor and update its website on an ongoing basis, to remove barriers in order that individuals 

with visual disabilities can access, and continue to access, the website and effectively communicate 

with the website to the full extent required by Title III of the ADA;

C. An Order requiring Defendant, by a date certain, to clearly display the universal 

disabled logo within its website, wherein the logo [1] would lead to a page which would state 

Defendant’s accessibility information, facts, policies, and accommodations. Such a clear display 

of the disabled logo is to ensure that individuals who are disabled are aware of the availability of 

the accessible features of the website;

Case 1:22-cv-23358-XXXX Document 1 Entered on FLSD Docket 10/14/2022 Page 15 of 28
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D. An Order requiring Defendant, by a date certain, to provide ongoing support for web 

accessibility by implementing a website accessibility coordinator, a website application 

accessibility policy, and providing for website accessibility feedback to insure compliance thereto.

E. An Order directing Defendant, by a date certain to evaluate its policies, practices and 

procedures toward persons with disabilities, for such reasonable time to allow Defendant to 

undertake and complete corrective procedures to its website;

F. An Order directing Defendant, by a date certain, to establish a policy of web 

accessibility and accessibility features for its website to insure effective communication for 

individuals who are visually disabled;

G. An Order requiring, by a date certain, that any third-party vendors who participate on 

Defendant’s website to be fully accessible to the visually disabled;

H. An Order directing Defendant, by a date certain and at least once yearly thereafter, to 

provide mandatory web accessibility training to all employees who write or develop programs or 

code for, or who publish final content to, Defendant’s website on how to conform all web content 

and services with ADA accessibility requirements and applicable accessibility guidelines;

I. An Order directing Defendant, by a date certain and at least once every three months 

thereafter, to conduct automated accessibility tests of its website to identify any instances where 

the website is no longer in conformance with the accessibility requirements of the ADA and any 

applicable accessibility guidelines, and further directing Defendant to send a copy of the twelve 

(12) quarterly reports to Plaintiff’s counsel for review.

J. An Order directing Defendant, by a date certain, to make publicly available and 

directly link from its website homepage, a statement of Defendant’s Accessibility Policy to ensure 

the persons with disabilities have full and equal enjoyment of its website and shall accompany the 

Case 1:22-cv-23358-XXXX Document 1 Entered on FLSD Docket 10/14/2022 Page 16 of 28
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public policy statement with an accessible means of submitting accessibility questions and 

problems.

K. An award to Plaintiff of her reasonable attorney’s fees and costs pursuant to in 42 

U.S.C. §§12181-12189, and pursuant to such other laws and statutes that may apply, and further 

relief as the Court deems just and equitable. 

[1]

COUNT II – TRESPASS

53) Plaintiff realleges paragraphs 1 through 44 as if set forth herein. 

54) Defendant’s website contains software analytics. Since Plaintiff has navigated 

Defendant’s website as stated herein, Plaintiff’s computer and the personal information and 

browsing history stored therein, has suffered a trespass by Defendant.

55) Plaintiff never consented to and was unaware that Defendant’s website was placing 

software on her computer. 

56) Defendant committed common law trespass in violation of Florida law against Plaintiff 

because Plaintiff did not consent to the placement of tracking and information securing software 

on her personal computer, which was done without her knowledge and consent.

57) Defendant’s trespass has damaged Plaintiff by affecting the condition and value of her 

computer. 

Case 1:22-cv-23358-XXXX Document 1 Entered on FLSD Docket 10/14/2022 Page 17 of 28
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58) On its website, Defendant has an internet privacy policy section that can only be accessed 

by clicking a barely visible section at the bottom of the page called “Cookies Policy”, providing 

that they use cookies and similar technologies to collect a consumer’s information and they obtain 

non-public information from their users for their own advertising and marketing purposes by 

placing software on its website that collects a website user’s preferences and internet browsing 

habits as follows:

This cookie policy (“Cookie Policy”) applies to the websites operated by or otherwise 

provided to you by Splendid. (Respectively, the “Site/s”, and “Splendid”, “us” or “we” or 

"Our"). By accessing and using the Site, you consent to the use of cookies, as described 

in this Policy. This information is collected by cookies and other similar technologies, 

such as web beacons. When we refer to “cookies”, we mean all of these.

We expressly reserve the right to modify this Policy from time to time. If there are any 

material changes to this Cookie Policy, you will be notified via the Site/s. We encourage 

you to periodically review this page for the latest information on our privacy practices. 

Your continued use of the Site constitutes your agreement to be bound by such changes 

to this Policy. Your only remedy, if you do not accept the terms of this Policy, is to 

discontinue use of the Site or to refuse accepting cookies by using your browser’s 

settings.

This Cookie Policy is an integral part of our Privacy Policy and terms and definitions we 

used and explained in the Privacy Policy, will have the same meaning in this Policy. This 

Policy explains:

Case 1:22-cv-23358-XXXX Document 1 Entered on FLSD Docket 10/14/2022 Page 18 of 28
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What are cookies?

Why we use cookies?

What cookies are used when you use the Site?

How third parties use cookies on the Site?

Your cookie options

How to manage cookies?

How we Respond to Do Not Track?

How we use cookies?

How you can manage your cookie preferences?

1.1. What are cookies?

A cookie is a small text file that is stored in your web browser that allows the Site or a 

third party to recognize you, as a visitor (and not as an individual). Cookies might be 

used for the following purposes: (1) to enable certain functions; (2) to provide analytics; 

(3) to store your preferences; and (4) to enable ad delivery and behavioral advertising.

Cookies can either be session cookies or persistent cookies. A session cookie expires 

automatically when you close your browser. A persistent cookie will remain until it 

expires, or until you delete your cookies from your browser. Expiration dates are set in 

the cookies themselves; some may expire after a few minutes while others may expire 

Case 1:22-cv-23358-XXXX Document 1 Entered on FLSD Docket 10/14/2022 Page 19 of 28
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after longer periods. Cookies placed by the website you’re visiting are sometimes called 

“first party cookies,” while cookies placed by other entities are sometimes called “third 

party cookies.”

Cookies are many times used with a pixel tag on the Sites. Pixel tags (also known as web 

beacons or clear GIFs) are typically transparent graphic images placed on a website. 

These pixels are used in combination with cookies to measure the actions of visitors to 

their websites that arrive through the services. For example, we, or our business partners 

may use pixel tags to track interactions on the Site/s or to understand referrals to partners 

from our Site/s, or, for Retargeting purposes, as we described in the Privacy Policy, or 

other interest-based advertising, as further explained in section below.

1.2. Why we use cookies?

Cookies are used on our website to collect information about your user preferences, 

browsing habits and the device you have used to access our website (including the make, 

model and operating system, IP address, browser type and mobile device identifiers) so 

that we can: 

provide essential features and functionality on our website;

help ensure that you get the best from our website by making it as easy and intuitive as 

possible for you to use;

remember choices you make and recognize you when you return, so you don't have to 

remind us each time you visit; and 

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monitor and analyze website usage and performance so that we can improve how it 

operates (including in relation to security) and the product selection and services 

available through it.

1.3. What cookies are used when you use the Site?

When you access and/or use the Site or interact with the services, we, or a third party 

may place a number of cookies in your browser. Some of the cookies will only be used if 

you use certain features or select certain preferences, and some cookies will be used for a 

longer-term purpose, as described in our Privacy Policy.

Different cookies have different functions. Each cookie serves one of the following 

purposes:

3.1. Strictly necessary cookies

These cookies are essential for our website to operate. For example, they enable you to 

log into secure areas of our website.

3.2. Functionality cookies

These cookies allow our website to remember choices you make when visiting our 

website and recognize you when you return. For example, functionality cookies allow us 

to remember information such as your login details if you choose to create an account 

with us and other customized features. When you first access our websites, we ask you to 

read our Cookie and Privacy policies and acknowledge the use of the cookies before 

proceeding to use our websites.

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3.3. Analytical/performance cookies

We use Google Analytics, a popular website analytics service provided by Google, and 

other analytical/performance cookies for the purposes of recognizing and measuring the 

number of visitors to our website and analyzing interactions with our website, such as 

items clicked on, web pages viewed and any web pages where users are encountering 

download error messages from time to time. The analytics service uses this information 

to compile anonymized reports on website activity, which we use to help improve the 

way our website works. See here for further information from Google about how Google 

Analytics works.

To opt-out of cookies provided by Google Analytics, you can install the Google 

Analytics opt-out browser add-on available here. The add-on will prevent your browser 

from sending information to Google Analytics. 

3.4. Targeting/advertising cookies and social plugins

Our website may also use third parties (including Facebook) and social plugins (e.g., the 

Facebook “Like” button) to enable you to easily share information with others and help 

us carry out our advertising and marketing activities. When you visit our websites, these 

third-party operators may be able to place a cookie on your device, enabling that operator 

to recognize individuals who have previously visited our website and to collect 

information about your browsing habits, including the web pages you’ve viewed and the 

links you’ve clicked through. This information is used to make our website more relevant 

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to your interests. It is also used to make advertisements you see online more relevant to 

you, as well as to limit the number of times you see an advertisement.

If you have previously logged into a social media website (e.g., Facebook) before 

browsing on our websites, the social plugin or cookie allows that social media website to 

receive information about your visit to particular pages on our website. The social plugin 

may collect this information for any such visitors who have logged into social networks, 

whether or not they specifically interact with the plugin on our website (e.g., by clicking 

“Like” or “Share”). The social plugin may also allow the social media website to share 

information about your activities on our website with other users of their social media 

website.

Targeted/advertising cookies and social plugins also enable us to measure and analyses 

the overall effectiveness of our advertising and marketing campaigns so that we can 

improve them in the future.

1.4. How third parties use cookies on the Site?

Third party entities like analytics, Third Party vendors or ad networks generally use 

cookies to collect user information on an anonymous basis. They may use that 

information to better understand users’ activities on the Site and other websites that they 

visited immediately after.

1.5. What are my cookie options?

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If you don’t like the idea of cookies or certain types of cookies, you can change your 

browser’s settings to delete cookies that have already been set and to not accept new 

cookies. To learn more about how to do this, visit the help pages of your browser. Please 

note, however, that if you delete cookies or do not accept them, you might not be able to 

use all of the features we offer, you may not be able to store your preferences, and some 

of our pages might not display properly.

You may also opt out of third-party cookies by following the instructions provided by 

each third party in its privacy policy

1. How to manage cookies?

As we explain in our Cookie Policy, cookies help you to get the most out of our Site/s 

and services. If you do disable cookies, you may find that certain sections of our Site do 

not properly function.

6.1. How to disable behaviourally targeted advertising cookies?

If you are concerned about behaviourally targeted advertising cookies (which serve you 

advertisements based on your use of the Website and other websites), users based in the 

European Union can visit www.youronlinechoices.eu and users based in the US can 

visit http://www.aboutads.info/choices/ for more information.

6.2. How to enable and disable cookies using your browser?

Information about cookies is usually found in the “Help” section of the web browser. 

Below are some links to the “Help” sections of some commonly used web browsers:

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Internet Explorer – http://support.microsoft.com/kb/196955

Windows Phone – http://www.microsoft.com/windowsphone/enus/howto/wp7/web/changing-privacy-and-other-browser-settings.aspx

Google Chrome –

http://support.google.com/chrome/bin/answer.py?hl=en&answer=95647

Google Android – http://support.google.com/android/?hl=en

Mozilla Firefox – http://support.mozilla.org/en-US/kb/cookies-information-websitesstore-on-your-computer?redirectlocale=en-US&redirectslug=Cookies

Opera – http://www.opera.com/browser/tutorials/security/privacy/

Safari – http://www.apple.com/support/safari/

Note there are various levels of cookie enablement and disablement in Firefox. For more 

information, refer to the following page from Mozilla: http://support.mozilla.org/enUS/kb/Enabling%20and%20disabling%20cookies

1. How we Respond to Do Not Track?

Certain web browsers and other programs may be used to signal your preferences to 

Splendid about how or whether Splendid or third parties may collect information about 

your online activities. Currently, our websites and online resources do not respond to 

such signals.

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1.8. How we use cookies?

Our website uses first party cookies, which allow us to distinguish you from other users 

of the website. They maintain functionality as you move between pages and help us to 

improve our site. We also use some widely-used third-party social media plugins as 

marketing tools, and to provide convenience tools for our visitors, which create cookies.

1.9. How you can manage your cookie preferences?

When you first access our websites, we ask you to read our Cookie and Privacy policies 

and acknowledge the use of the cookies before proceeding to use our websites.

The functionality, analytical/performance and targeting/advertising cookies on our 

website (listed above) are not strictly necessary for our website to work but improve its 

overall performance and are intended to provide you with a better browsing experience.

Many web browsers accept cookies by default. You can usually change the settings to 

refuse new cookies, block or delete some or all existing cookies or alert you when new

cookies are set on your device. As the precise means by which you may do this will vary 

from browser to browser, please visit your browser's help or settings function for more 

information.

Alternatively, you can visit www.aboutcookies.org for further information on how to 

change cookie settings across various browsers (e.g. Mozilla Firefox, Google Chrome, 

Internet Explorer and Safari).

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Please note that if you use different devices to access and use our website, you will need 

to ensure that each browser on each device is adjusted to suit your cookie preferences.

For further information about how to opt-out of the third party cookies used on our 

website, please review the policies of the relevant third parties referred to in this Cookie 

Policy. Alternatively, in relation to third party targeting/advertising cookies, you can visit 

the Network Advertising Initiative’s opt-out page here, which provides an online tool for 

you to remove third party cookies placed by the Network Advertising Initiative’s 

members from your devices. Further, the Digital Advertising Alliance maintains a 

website where consumers can opt out from receiving interest-based advertising from 

some or all of the network advertising companies participating in the program, which is 

available at www.AboutAds.info/choices/.

This Cookie Policy was last updated in February 2020.

59) Due to Plaintiff’s disability, she could not understand Defendant’s website and she 

could not give informed consent to Defendant’s installation of data and information tracking 

software on her computer. Defendant also could not give informed consent to Defendant’s 

collection of her browsing history and the placement of analytics on her computer.

60) Thus, Plaintiff has no adequate remedy at law to redress Defendant’s knowing and 

reckless disregard for Plaintiff’s right to exclude others from her computer and determine which 

programs should be installed and operated on her computer.

WHEREFORE, Plaintiff demands judgment against Defendant for Plaintiff’s damages, interest, 

costs, and such further relief as the Court deems just and equitable.

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Request for Jury Trial

61) Plaintiff requests a jury trial.

Submitted by:

Mendez Law Offices, PLLC

Attorneys for Plaintiff

P.O. BOX 228630

Miami, Florida 33172

Telephone: 305.264.9090

Facsimile: 1-305.809.8474

Email:info@mendezlawoffices.com

By: /s/ 

DIEGO GERMAN MENDEZ, ESQ.

FL BAR NO.: 52748

Adams & Associates, P.A.

Attorneys for Plaintiff

6500 Cowpen Road, Suite 101

Miami Lakes, FL 33014

Telephone: 786-290-1963

Facsimile: 305-824-3868

Email: radamslaw@bellsouth.net

By: /s/ 

RICHARD J. ADAMS, ESQ.

FL BAR NO.: 770434

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