Nicole Davis v. Avo’s & Company, Inc.

Summary

According to the complaint, Nicole Davis, a visually impaired individual, is suing Avo's & Company, Inc. for failing to make its website, https://adiamor.com/, accessible to blind users. Davis alleges that the website contains significant barriers that prevent her and others from completing transactions, violating the Americans with Disabilities Act (ADA). The complaint details various accessibility issues, including the lack of alternative text for images and the requirement of mouse navigation, which excludes visually impaired users. Davis seeks a permanent injunction to require the defendant to make the website accessible and compensatory damages for the discrimination faced. The case aims to ensure equal access to the goods and services offered online.

About the defendant

Provides an online platform for consumers to purchase fine jewelry products, including engagement rings, wedding bands, earrings, necklaces, pendants, and bracelets, along with custom jewelry design services.

What the complaint says

The problems the plaintiff describes with the website.

• Website is inaccessible to visually impaired individuals
• Failure to provide necessary accommodations for screen-reader users
• Denial of full and equal access to goods and services offered on the Website

Legal claims

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

• Violation of the Americans with Disabilities Act (ADA)
• Declaratory Relief

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 accessible to visually impaired individuals
• Declaration that the Website discriminates against the visually impaired
• Class action certification
• 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.