Nicole Davis v. Cozy Comfort Company, LLC

Case Summary

According to the complaint, Nicole Davis, a visually impaired individual, is suing Cozy Comfort Company, LLC for failing to make its website, https://thecomfy.com/, accessible to blind users. Davis alleges that the website contains significant barriers that prevent her and others from completing transactions independently. The complaint cites violations of the Americans with Disabilities Act (ADA) and seeks a permanent injunction to require the defendant to make necessary changes to the website to ensure accessibility. Davis claims that the lack of accessible features has denied her and other visually impaired individuals equal access to the goods and services offered online, which include oversized wearable blankets and other apparel.

Causes of Action

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

Key Allegations

• Website is inaccessible to visually impaired individuals
• Defendant failed to provide necessary accommodations for screen-reader users
• Access barriers prevent independent navigation and purchasing on the Website

Requested Relief

• Permanent injunction to make the Website accessible
• Compensatory damages for Class Members
• Certification of the case as a class action

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).