Ashley Bahena v. ATAMOS, LLC

Case Summary

Claims: Violation of 42 U.S.C. §§ 12181 et seq. – Title III of the Americans with Disabilities Act; Declaratory Relief; Negligent Infliction of Emotional Distress Relief sought: Preliminary and permanent injunction to prohibit Defendant from violating the ADA; Injunction requiring Defendant to make its website compliant with the ADA; Declaration that Defendant's website discriminates against the blind; Class action certification... Jurisdiction/Venue noted.

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

• Defendant's website is inaccessible to blind individuals
• Plaintiff was denied the ability to schedule a session due to accessibility barriers
• Defendant failed to make reasonable modifications to its website to ensure accessibility

Requested Relief

• Preliminary and permanent injunction to prohibit Defendant from violating the ADA
• Injunction requiring Defendant to make its website compliant with the ADA
• Declaration that Defendant's website discriminates against the blind
• Class action certification
• Payment of nominal damages
• Pre- and post-judgment interest
• Award of costs and expenses
• Punitive damages
• Compensatory damages

Proposed Class

All legally blind individuals in the United States who have attempted to access Trainmoment.com and as a result have been denied access to the enjoyment of services offered by Trainmoment.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). ## Citations / Guidelines - Americans with Disabilities Act (ADA) - Web Content Accessibility Guidelines (WCAG) 2.2 ## Notes [industry:Consumer Services; source:keywords(services)]