Erika Randolph v. Make Up for Ever LLC

Summary

According to the complaint, Erika Randolph, a visually-impaired individual, is suing Make Up for Ever LLC for failing to make its website, Makeupforever.com, accessible to blind users, violating the Americans with Disabilities Act (ADA). Randolph alleges that the website contains numerous barriers that prevent her and others with visual impairments from independently navigating and completing purchases. The complaint seeks a permanent injunction to require the defendant to make the website accessible, along with compensatory damages for the discrimination faced by Randolph and the class of similarly situated individuals.

About the defendant

Make Up for Ever provides a wide array of professional makeup and beauty products, including foundations, concealers, primers, setting powders, blushes, bronzers, highlighters, eyeshadows, eyeliners, mascaras, lipsticks, lip liners, makeup brushes, and other beauty accessories for online purchase.

What the complaint says

The problems the plaintiff describes with the website.

• Make Up for Ever's website is inaccessible to blind and visually-impaired persons.
• Plaintiff encountered significant access barriers that prevented her from completing a purchase on the website.
• Defendant failed to implement necessary modifications to make the website accessible.

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 accessible to blind individuals
• Payment of nominal damages
• Compensatory damages in an amount to be determined at trial
• Punitive damages
• An award of costs and expenses of this action together with reasonable attorneys’ and expert fees

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