Nicole Davis v. Cometeer, Inc.

Summary

According to the complaint, Nicole Davis, a visually impaired individual, is suing Cometeer, Inc. for failing to make its website, cometeer.com, accessible to blind users. Davis alleges that the website contains significant barriers that prevent her and others from independently navigating and completing purchases. The complaint cites violations of the Americans with Disabilities Act (ADA) and seeks a permanent injunction to require the defendant to make the website accessible, along with compensatory damages for the class members affected by the discrimination. Davis encountered multiple accessibility issues, including the inability to complete transactions and navigate the site using screen-reading software, which she claims denies her equal access to the goods and services offered online.

About the defendant

Provides consumers access to an array of goods and services, including the ability to purchase premium coffee products, including flash-frozen single-serve coffee capsules made from freshly brewed specialty coffee.

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 transactions
• Defendant failed to comply with ADA requirements

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 violations of the ADA
• Injunction requiring compliance with ADA
• Declaration of discrimination against visually impaired individuals
• Class action certification
• 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.