Nicole Davis v. Frank & Adam Apparel LLC

Case Summary

According to the complaint, Nicole Davis, a visually impaired individual, is suing Frank & Adam Apparel LLC for failing to make their website, https://www.dressthepopulation.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. The complaint seeks a permanent injunction requiring the defendant to make the website accessible and compensatory damages for the discrimination faced by Davis and the class members. Davis claims that the website's design excludes visually impaired individuals from equal access to the goods and services offered online.

Causes of Action

• Violation of the Americans with Disabilities Act (ADA)

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 comply with the ADA
• Order to make the Website accessible to 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

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)