Katherine Corbett v. Nearly Natural, LLC

Summary

According to the complaint, KATHERINE CORBETT, a visually impaired individual, is suing Nearly Natural, LLC for failing to make its website, https://www.nearlynatural.com, accessible to blind users, violating the Americans with Disabilities Act (ADA). Corbett alleges that the website contains significant access barriers that prevent her and others from independently navigating and completing purchases. Specific issues include the requirement of mouse usage, lack of alt-text for images, and inadequate labeling of interactive elements. Corbett seeks a permanent injunction to require the defendant to make the website accessible and compensatory damages for the discrimination faced by her and the class members.

About the defendant

Provides consumers access to an array of goods and services, including the ability to purchase a wide selection of artificial trees, plants, hanging greenery, bushes, ferns, and floral arrangements along with decorative planters and plant accessories for indoor and outdoor decor.

What the complaint says

The problems the plaintiff describes with the website.

• Website is inaccessible to visually impaired individuals
• Access barriers prevent independent navigation and purchasing
• Defendant's website design requires mouse usage, excluding keyboard-only users
• Lack of alt-text and inadequate labeling for interactive elements

Legal claims

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

• Violation of the Americans with Disabilities Act (ADA)

What the plaintiff asks for

What the plaintiff wants the court to order.

• Preliminary and permanent injunction to prohibit Defendant from violating the ADA
• Injunction requiring Defendant to make the Website compliant with the ADA
• Declaration that Defendant discriminates against the visually impaired
• Order certifying this case as a class action
• Pre- and post-judgment interest
• 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 the Website and as a result have been denied access to the enjoyment of goods and services offered by the Website, during the relevant statutory period.