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Tanisia Bowman v. Newell Brands Inc.

Filed

Case details

Summary

According to the complaint, plaintiff Tanisia Bowman, a legally blind individual, is suing Newell Brands Inc. for failing to make their website, Exofficio.com, accessible to blind users. The complaint alleges that the website contains significant barriers that prevent blind individuals from independently navigating and completing transactions. Specific issues include a lack of alternative text for images, improper heading hierarchy, and reliance on mouse navigation, which excludes blind users. The plaintiffs seek a permanent injunction to require Newell Brands to make the website accessible and compensatory damages for the discrimination experienced. The case is filed under the Americans with Disabilities Act, which mandates equal access to public accommodations.

About the defendant

Exofficio.com provides consumers with access to an array of goods and services, including performance underwear and travel-friendly clothing designed for comfort and convenience.

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 Exofficio.com
  • Defendant failed to provide reasonable modifications to ensure accessibility

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
  • 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 Exofficio.com and as a result have been denied access to the enjoyment of goods and services offered by Exofficio.com, during the relevant statutory period.