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Nicole Da Vis v. SEEK BAMBOO, LLC

Filed

Case details

Summary

According to the complaint, Plaintiff NICOLE DA VIS, a legally blind individual, is suing Seek Bamboo, LLC for failing to make their website, Seekbamboo.com, accessible to blind users. The complaint alleges that the website contains significant barriers that prevent blind individuals from independently navigating and completing purchases. Specific issues include the lack of alt-text for images, inaccessible drop-down menus, and a design that requires mouse use, which is not feasible for blind users. The plaintiffs seek a permanent injunction to require the defendant to make the website accessible and compensatory damages for the discrimination experienced. The case is filed under the Americans with Disabilities Act (ADA).

About the defendant

Provides a wide array of sustainable lifestyle essentials including shampoo bars, conditioner bars, natural soap bars, bamboo toilet paper, and reusable paper towels.

What the complaint says

The problems the plaintiff describes with the website.

  • Defendant's website is not accessible to blind and visually impaired persons.
  • Plaintiff encountered numerous accessibility barriers while attempting to use the website.
  • Defendant has failed to take necessary steps 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.

  • Preliminary and permanent injunction to prohibit violations of the ADA.
  • Injunction requiring compliance with the ADA for website accessibility.
  • Declaration of discrimination against the blind on the website.
  • Class action certification and appointment of Plaintiff as Class Representative.
  • Payment of nominal damages.
  • Pre- and post-judgment interest.
  • Award of costs and expenses of this action.
  • Punitive damages.
  • Compensatory damages.

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