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Tracey Sinkovic, Karen Clayton v. Growve Group, LLC

Filed

Case details

Summary

According to the complaint, plaintiffs Tracey Sinkovic and Karen Clayton, both legally blind, allege that Growve Group, LLC's website, SMNutrition, is not accessible to individuals with visual disabilities, violating the Americans with Disabilities Act (ADA). They encountered significant barriers while attempting to purchase products online, which prevented them from accessing essential information and services. The plaintiffs seek a permanent injunction requiring the defendant to implement changes to ensure accessibility, along with a declaratory judgment, costs, and attorneys' fees. They argue that the defendant's failure to provide an accessible digital platform denies them equal enjoyment of its services and products.

About the defendant

Designs, develops, manufactures, and distributes wellness and nutritional supplements and related products.

What the complaint says

The problems the plaintiff describes with the website.

  • Defendant's digital properties are not accessible to legally blind individuals.
  • Plaintiffs encountered barriers that denied them full and equal access to Defendant's online goods, content, and services.

Legal claims

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

  • Title III of the ADA, 42 U.S.C. § 12181 et seq.

What the plaintiff asks for

What the plaintiff wants the court to order.

  • A Declaratory Judgment that Defendant was in violation of the ADA requirements.
  • A permanent injunction requiring Defendant to make its Digital Platform fully accessible.
  • Payment of costs of suit.
  • Payment of reasonable attorneys’ fees.
  • Payment of nominal damages.
  • Provision of other relief deemed just and equitable.