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Andre Battle v. The Numero Group LLC

Filed

Case details

Standards cited
WCAG 2.2

Summary

According to the complaint, Andre Battle, a visually-impaired individual, is suing The Numero Group LLC for failing to make their website, Numerogroup.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, which prevented him from completing a purchase. The complaint seeks a permanent injunction to require the defendant to make the website accessible, along with compensatory damages for the discrimination faced by Battle and other blind individuals. The case is filed as a class action on behalf of all legally blind individuals in the United States who have faced similar issues with the website.

About the defendant

The Numero Group provides a website that offers a wide array of goods and services, including vinyl records, music releases, and related merchandise for purchase.

What the complaint says

The problems the plaintiff describes with the website.

  • The website is not accessible to blind and visually-impaired persons.
  • Plaintiff encountered numerous accessibility issues while attempting to use the website.
  • Defendant has failed to take steps to correct the access barriers on its website.

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 preliminary and permanent injunction requiring Defendant to make its website fully compliant with the ADA.
  • A declaration that Defendant’s website discriminates against the blind.
  • An order certifying this case as a class action.
  • Payment of nominal damages.
  • Pre- and post-judgment interest.
  • An award of costs and expenses of this action together with reasonable attorneys’ and expert fees.
  • Punitive damages.
  • Compensatory damages in an amount to be determined at trial.

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 Numerogroup.com and as a result have been denied access to the enjoyment of goods and services offered by Numerogroup.com, during the relevant statutory period