Phyllis Hampton v. The Occasions Group, Inc.

Summary

According to the complaint, Phyllis Hampton, a visually impaired individual, is suing The Occasions Group, Inc. for failing to make its website, brookhollowcards.com, accessible to blind users. Hampton alleges that the website contains significant barriers that prevent her and others from completing transactions independently, violating the Americans with Disabilities Act (ADA). The complaint seeks a permanent injunction to require the defendant to make the website accessible and compensatory damages for the discrimination faced by Hampton and other class members.

About the defendant

Provides an array of goods and services including the ability to purchase a wide selection of occasional cards for various occasions such as Christmas, anniversaries, and birthdays.

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 purchases
• Defendant failed to implement necessary accessibility features

Legal claims

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

• Violation of the Americans with Disabilities Act (ADA)

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
• Pre- and post-judgment interest
• 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.