Andre Battle v. The Numero Group LLC

Case Summary

According to the complaint, Andre Battle, a visually-impaired individual, is suing The Numero Group LLC for failing to make their website, Numerogroup.com, accessible to blind users, violating the Americans with Disabilities Act (ADA). Battle alleges that he encountered numerous barriers while attempting to navigate the website, which prevented him from completing a purchase. The complaint seeks a permanent injunction to require the defendant to make the website accessible, along with compensatory damages for the discrimination faced by Battle and other blind individuals. The case is filed as a class action on behalf of all legally blind individuals in the United States who have faced similar issues with the website.

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

Key Allegations

• The website is not accessible to blind and visually-impaired persons.
• Plaintiff encountered numerous accessibility issues while attempting to use the website.
• Defendant has failed to take steps to correct the access barriers on its website.

Requested Relief

• A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act.
• A preliminary and permanent injunction requiring Defendant to make its website fully compliant with the ADA.
• A declaration that Defendant's website discriminates against the blind.
• An order certifying this case as a class action.
• 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.
• Punitive damages.
• Compensatory damages in an amount to be determined at trial.

Proposed Class

all legally blind individuals in the United States who have attempted to access Numerogroup.com and as a result have been denied access to the enjoyment of goods and services offered by Numerogroup.com, during the relevant statutory period

Jurisdiction & Venue

This Court has subject-matter jurisdiction under 28 U.S.C. § 1331 and 42 U.S.C. § 12182; venue is proper under 28 U.S.C. §1391(b)(1) and (2).