Dominique Tompkins, Karen Blachowicz v. Dr Kellyann LLC

Summary

According to the complaint, plaintiffs Dominique Tompkins and Karen Blachowicz, both legally blind, are suing Dr Kellyann LLC for failing to make its Digital Platform accessible, violating the ADA and New York State Human Rights Law. They allege that they encountered significant barriers while attempting to access the website to purchase products, which prevented them from fully enjoying the services offered. The plaintiffs seek a permanent injunction to require the defendant to improve accessibility, along with compensatory damages and attorneys' fees.

About the defendant

Designs, develops, manufactures, and distributes dietary supplements and wellness products.

What the complaint says

The problems the plaintiff describes with the website.

• Defendant's digital properties are not accessible to individuals with visual disabilities
• Plaintiffs encountered barriers that denied them full access to Defendant's online goods and services
• Defendant's website fails to comply with ADA requirements

Legal claims

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

• Title III of the ADA
• Violation of New York State Human Rights Law

What the plaintiff asks for

What the plaintiff wants the court to order.

• Permanent injunction requiring Defendant to make its Digital Platform accessible
• Payment of costs of suit
• Payment of reasonable attorneys’ fees
• Payment of compensatory damages
• Payment of nominal damages