Phyllis Hampton v. Bareweb, Inc.

Case Summary

According to the complaint, Phyllis Hampton, a visually impaired individual, is suing Bareweb, Inc. for failing to make its website, Barenecessities.com, accessible to blind users. Hampton 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 both injunctive relief to make the website accessible and compensatory damages for the discrimination faced. Hampton claims that the lack of accessibility features denies her equal access to the goods and services offered online, which is essential for her independence and participation in the marketplace.

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 Defendant from violating the ADA
• Injunction requiring Defendant to make the Website compliant with the ADA
• Declaration that Defendant discriminates against the visually impaired
• Order certifying this case as a class action
• Pre- and post-judgment interest
• Award of costs and expenses of this action together with reasonable attorneys’ and expert 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).