Joseph Lamperis v. IP Holdings Unltd, LLC

Case Summary

According to the complaint, Joseph Lamperis, a visually impaired individual, is suing IP Holdings Unltd, LLC for failing to make its website, www.ecko.com, accessible under the Americans with Disabilities Act (ADA). The plaintiff alleges that he encountered numerous barriers while attempting to access the website to purchase a product, specifically the World Famous Long Sleeve Shirt. These barriers included missing alt-text, broken links, and a lack of compatibility with screen-reading software. Lamperis seeks a permanent injunction to require the defendant to make the website accessible and to implement corporate policies ensuring ongoing compliance with accessibility standards. He also requests class certification for all legally blind individuals who have faced similar issues.

Causes of Action

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

Key Allegations

• Defendant's website is not accessible to blind and visually impaired individuals.
• Plaintiff encountered barriers preventing access to the website's goods and services.
• Defendant failed to comply with WCAG 2.1 guidelines.

Requested Relief

• Preliminary and permanent injunction to prohibit violations of the ADA.
• Injunction requiring compliance with ADA standards for website accessibility.
• Declaration of discrimination against blind individuals by the website.
• Certification of the Class and appointment of Plaintiff as Class Representative.
• Payment of nominal damages.
• Pre- and post-judgment interest.
• Award of costs and expenses, including attorney fees.

Proposed Class

All legally blind individuals in the United States who have attempted to access Defendant’s Website and as a result have been denied access to the equal enjoyment of goods and services, 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).