Nicole Davis v. Clarity Cosmetics Inc.

Case Summary

According to the complaint, Nicole Davis, a visually impaired individual, is suing Clarity Cosmetics Inc. for failing to make its website, https://helloseen.com/, accessible to blind users, violating the Americans with Disabilities Act (ADA). Davis alleges that the website contains significant barriers that prevent her and others from independently navigating and completing purchases. Key issues include inaccessible drop-down menus, lack of descriptive alternative text for images, and a design that requires mouse use, which is not usable for visually impaired individuals. Davis seeks a permanent injunction to require the defendant to make the website accessible and compensatory damages for the discrimination faced. The case is filed as a class action on behalf of all legally blind individuals in the U.S. who have faced similar issues.

Causes of Action

• Violation of the Americans with Disabilities Act (ADA)
• Declaratory Relief

Key Allegations

• Website is inaccessible to visually impaired individuals
• Access barriers prevent independent navigation and transactions
• Defendant failed to implement necessary accessibility features

Requested Relief

• Preliminary and permanent injunction to prohibit violations of the ADA
• Injunction requiring compliance with ADA accessibility standards
• Declaration of discrimination against visually impaired individuals
• Class action certification
• Pre- and post-judgment interest
• Award of costs and attorney fees

Proposed Class

all legally blind individuals in the United States who have attempted to access the Website and as a result have been denied access to the enjoyment of goods and services offered by the Website, during the relevant statutory period.

Jurisdiction & Venue

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)