Nicole Davis v. Cometeer, Inc.

Case Summary

According to the complaint, Nicole Davis, a visually impaired individual, is suing Cometeer, Inc. for failing to make its website, cometeer.com, accessible to blind users. Davis alleges that the website contains significant barriers that prevent her and others from independently navigating and completing purchases. The complaint cites violations of the Americans with Disabilities Act (ADA) and seeks a permanent injunction to require the defendant to make the website accessible, along with compensatory damages for the class members affected by the discrimination. Davis encountered multiple accessibility issues, including the inability to complete transactions and navigate the site using screen-reading software, which she claims denies her equal access to the goods and services offered online.

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 comply with ADA requirements

Requested Relief

• Preliminary and permanent injunction to prohibit violations of the ADA
• Injunction requiring compliance with ADA
• Declaration of discrimination against visually impaired individuals
• Class action certification
• 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

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).