Phyllis Hampton v. Le Gourmet Central, LLC

Summary

According to the complaint, Phyllis Hampton, a visually-impaired individual, is suing Le Gourmet Central, LLC for failing to make their website, Legourmetcentral.com, accessible to blind users. Hampton alleges that the website contains significant barriers that prevent her and others with visual impairments from independently accessing and purchasing products. 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 discrimination faced. Hampton's attempts to navigate the site were hindered by issues such as poorly labeled links and a lack of necessary features for screen-reader software, which are essential for blind users to complete transactions online.

About the defendant

Le Gourmet Central provides a website that offers a wide array of gourmet foods, including extra virgin olive oils, truffle products, charcuterie, caviar, specialty spreads, and curated gift boxes for online purchase.

What the complaint says

The problems the plaintiff describes with the website.

• Defendant's website is inaccessible to blind and visually-impaired persons
• Plaintiff encountered significant access barriers on the website
• Defendant failed to comply with the ADA
• Plaintiff was denied the ability to independently navigate and make purchases on the website

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.

• A preliminary and permanent injunction to prohibit Defendant from violating the ADA
• An order requiring Defendant to make its website accessible to blind individuals
• A declaration that Defendant’s website discriminates against the blind
• Payment of nominal damages
• Compensatory damages
• Punitive 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 Legourmetcentral.com and as a result have been denied access to the enjoyment of goods and services offered by Legourmetcentral.com, during the relevant statutory period