Constance Henry v. THE SYNERGY COMPANY OF UTAH, LLC

Case Summary

According to the complaint, Plaintiff Constance Henry, a legally blind individual, alleges that The Synergy Company of Utah, LLC has failed to make its website, Thesynergycompany.com, accessible to blind users. The complaint states that the website contains significant barriers that prevent blind individuals from independently navigating and completing purchases. Plaintiff claims that these barriers violate the Americans with Disabilities Act (ADA) and seeks a permanent injunction to require the Defendant to make necessary changes to the website. The complaint also seeks compensatory damages for the class of individuals similarly affected by these accessibility issues.

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 and visually-impaired persons.
• Plaintiff was denied the ability to complete a purchase due to accessibility barriers.
• Defendant failed to make reasonable modifications to ensure website 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.

Proposed Class

All legally blind individuals in the United States who have attempted to access Thesynergycompany.com and as a result have been denied access to the enjoyment of goods and services offered by Thesynergycompany.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).