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Andre Battle v. Empava Appliances Inc.

Filed

Case details

Defendant’s website
Standards cited
WCAG 2.2

Summary

According to the complaint, Andre Battle, a visually-impaired individual, is suing Empava Appliances Inc. for failing to make its website, Empava.com, accessible to blind users, violating the Americans with Disabilities Act (ADA). Battle alleges that he encountered numerous barriers while attempting to navigate the website and make a purchase, including inaccessible navigation menus and lack of alternative text for images. He seeks a permanent injunction requiring Empava to make its website accessible and compensatory damages for the discrimination faced. The case is filed as a class action on behalf of all legally blind individuals who have faced similar issues with the website.

About the defendant

Empava Appliances provides a wide array of kitchen and bathroom appliances, including bathtubs, toilets, sinks, faucets, range hoods, cooktops, and related home improvement products.

What the complaint says

The problems the plaintiff describes with the website.

  • Empava Appliances failed to design and maintain its website to be accessible to blind and visually-impaired persons.
  • Plaintiff was denied the ability to independently navigate and make purchases on Empava.com due to accessibility barriers.
  • Empava.com contains significant access barriers that prevent blind users from completing transactions.

Legal claims

The laws the plaintiff says the defendant broke, called causes of action.

  • Violation of 42 U.S.C. §§ 12181 et seq. - Title III of the Americans with Disabilities Act
  • Declaratory Relief
  • Negligent Infliction of Emotional Distress

What the plaintiff asks for

What the plaintiff wants the court to order.

  • A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act.
  • A declaration that Defendant discriminates against the blind and fails to provide access as required by the ADA.
  • Payment of nominal damages.
  • Compensatory damages in an amount to be determined at trial.
  • Punitive damages.

Proposed class

The group of people the plaintiff asks to represent, so the case can cover them too.

all legally blind individuals in the United States who have attempted to access Empava.com and as a result have been denied access to the enjoyment of goods and services offered by Empava.com, during the relevant statutory period.