Kenneth Potrykus v. Dorm Company Corporation

Summary

According to the complaint, Kenneth Potrykus, a visually impaired individual, is suing Dorm Company Corporation for failing to make its website, comainducer.com, accessible to blind users. Potrykus alleges that the website contains significant barriers that prevent him and others from completing transactions, violating the Americans with Disabilities Act (ADA). He claims that the website's design relies on visual elements that are not compatible with screen-reading software, making it impossible for visually impaired individuals to navigate or purchase products independently. Potrykus seeks a permanent injunction to require the defendant to make the website accessible and compensatory damages for the discrimination faced. The complaint also seeks class action status for all legally blind individuals who have faced similar issues with the website.

About the defendant

provides consumers access to an array of goods and services, including oversized plush comforters, comforter sets, plush blankets, throw blankets, and bedding sets for online purchase

What the complaint says

The problems the plaintiff describes with the website.

• Website is inaccessible to visually impaired individuals
• Access barriers prevent blind users from completing transactions
• Defendant failed to provide necessary accommodations for screen-reader users

Legal claims

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

• Violation 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
• award of costs and expenses of this action

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