Livingston Bennett v. AWE.BJECT, LLC

Case Summary

According to the complaint, LIVINGSTON BENNETT, a visually-impaired individual, is suing Awe.Bject, LLC for failing to make their website, Studiocult.co, accessible to blind users. The complaint alleges that the website contains significant barriers that prevent blind individuals from completing transactions, violating the Americans with Disabilities Act (ADA). Bennett claims he attempted to purchase earrings but was unable to navigate the site due to issues such as long link texts and improper focus order. The plaintiffs seek a permanent injunction to require Awe.Bject to make the website accessible and compensatory damages for the discrimination faced by blind users.

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 encountered significant access barriers preventing him from completing a purchase
• Defendant failed to comply with the Americans with Disabilities Act

Requested Relief

• A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act
• An order requiring Defendant to make its website fully accessible to blind individuals
• Payment of nominal 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 Studiocult.co and as a result have been denied access to the enjoyment of goods and services offered by Studiocult.co, 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) because Defendant conducts business in this District.