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Livingston Bennett v. Loop America, Inc.

Filed

Case details

Standards cited
WCAG 2.2

Summary

According to the complaint, LIVINGSTON BENNETT, a visually impaired individual, is suing Loop America, Inc. for failing to make its website accessible to blind users, violating the Americans with Disabilities Act (ADA). Bennett alleges that the website contains significant barriers that prevent him and others from independently accessing and purchasing ear protection products. He seeks a permanent injunction to require the defendant to make the website accessible and compensatory damages for the discrimination faced. The complaint highlights specific accessibility issues, including lack of alternative text for images and reliance on mouse navigation, which hinder visually impaired users from completing transactions.

About the defendant

Provides an array of ear protection products, including earplugs for sleep, focus, travel, social settings, and loud events, as well as adjustable earplugs and related accessories.

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 failed to implement necessary accessibility features

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 violations of the ADA
  • Injunction requiring compliance with ADA
  • Declaration of discriminatory practices
  • Class action certification
  • Pre- and post-judgment interest
  • Award of costs and attorney 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.