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Dominique Tompkins, Sylvia Santos v. Simone Perele (U.S.) Inc.

Filed

Case details

Summary

According to the complaint, plaintiffs Dominique Tompkins and Sylvia Santos, both legally blind, are suing Simone Perele (U.S.) Inc. for failing to make its digital platform accessible, violating the Americans with Disabilities Act and New York State Human Rights Law. They allege that they encountered significant barriers while attempting to access the website to purchase lingerie, which prevented them from completing their transactions. 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 lingerie and related 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.

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, Exec. Law, Article 15 § 290, et seq.

What the plaintiff asks for

What the plaintiff wants the court to order.

  • A Declaratory Judgment that Defendant was in violation of the ADA and New York laws.
  • A permanent injunction requiring Defendant to make its Digital Platform accessible.
  • Payment of costs of suit.
  • Payment of reasonable attorneys’ fees.
  • Payment of compensatory damages pursuant to New York law.
  • Payment of nominal damages.
  • Provision of other relief deemed just and equitable.