Phyllis Hampton v. ENewton Design, LLC

Summary

According to the complaint, Phyllis Hampton, a visually impaired individual, is suing ENewton Design, LLC for failing to make its website, https://enewtondesign.com, accessible to blind users. Hampton 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 necessary changes to the website to ensure accessibility. Hampton claims that the lack of accessible features has denied her and other visually impaired individuals equal access to the goods and services offered online.

About the defendant

Provides an online platform for consumers to purchase a variety of jewelry including gold-filled and sterling silver bracelets, necklaces, earrings, and rings.

What the complaint says

The problems the plaintiff describes with the website.

• Defendant's website is inaccessible to visually impaired individuals.
• Access barriers prevent blind users from completing transactions on the website.
• Defendant has failed to implement necessary modifications for accessibility.

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.

• Permanent injunction requiring Defendant to make the Website accessible to visually impaired individuals.
• Compensatory damages for Class Members.
• Certification of the case as a class 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.