Z’Leah Liburd v. TSG Consumer Partners LLC

Summary

According to the complaint, Plaintiff Z’LEAH LIBURD, a visually-impaired individual, alleges that TSG CONSUMER PARTNERS LLC, operating as EOS FITNESS, has failed to make its website accessible as required by the Americans with Disabilities Act (ADA). The complaint details multiple access barriers encountered by the Plaintiff while attempting to use the website, which prevented her from obtaining information about gym memberships and services. The Plaintiff seeks a permanent injunction to require the Defendant to make its website compliant with accessibility standards, along with damages and legal fees.

About the defendant

Operates a fitness gym services platform offering access to group fitness classes, personal training, wellness amenities, and gym memberships.

What the complaint says

The problems the plaintiff describes with the website.

• Defendant's website is not accessible to blind and visually-impaired individuals
• Plaintiff encountered multiple access barriers preventing her from using the website
• Defendant failed to comply with WCAG 2.2 guidelines

Legal claims

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

• Violations of the ADA, 42 U.S.C. § 12182 et seq.
• Declaratory Relief

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 injunction requiring Defendant to make its website compliant with the ADA
• A declaration that Defendant’s website discriminates against the blind
• Payment of nominal damages
• Pre- and post-judgment interest
• An award of costs and expenses of this action together with reasonable attorneys’ and expert fees