Sumaya Hussein v. Whaleco Inc.

Summary

According to the complaint, Sumaya Hussein, a visually impaired individual, is suing Whaleco Inc. for failing to make its website, https://www.temu.com, accessible to blind users, violating the Americans with Disabilities Act (ADA). Hussein alleges that the website contains significant barriers that prevent her and others from independently navigating and completing transactions. The complaint cites various accessibility issues, including reliance on a visual interface and lack of proper labeling for interactive elements. Hussein seeks a permanent injunction to require the defendant to make the website accessible and compensatory damages for the discrimination faced by her and other class members.

About the defendant

Provides a wide array of goods and services, including clothing, home and kitchen goods, electronics, beauty and health products, jewelry and accessories, toys, pet accessories, automotive products, sports and outdoor goods, office supplies, industrial products, musical items, books, and grocery products for online purchase.

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 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)
• 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 discriminatory practices
• 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.