Joseph Lamperis v. Turbo Holdings, Inc.

Case Summary

According to the complaint, Joseph Lamperis, a visually-impaired individual, is suing Turbo Holdings, Inc. for failing to make its website, www.triplefatgoose.com, accessible to blind users as required by the Americans with Disabilities Act (ADA). The plaintiff alleges that he encountered multiple barriers while attempting to access the website to purchase a specific product, the Jacobsen Men’s Puffer Down Vest. These barriers included missing alt-text, broken links, and other accessibility issues that prevented him from fully utilizing the website. Lamperis seeks a permanent injunction to require the defendant to make its 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 that denied full access to the website.
• Defendant failed to comply with WCAG 2.1 guidelines.

Requested Relief

• A preliminary and permanent injunction to prohibit Defendant from violating the ADA.
• An injunction requiring Defendant to make its website fully compliant with the ADA.
• A declaration that Defendant's website discriminates against the blind.
• Class certification under Fed. R. Civ. P. 23.
• 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.

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).