Phyllis Hampton v. ENewton Design, LLC

Case Summary

According to the complaint, Phyllis Hampton, a visually impaired individual, is suing ENewton Design, LLC for failing to make its website, https://enewtondesign.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 a permanent injunction to require the defendant to make necessary changes to the website to ensure accessibility. Hampton claims that the lack of accessible features has denied her and other visually impaired individuals equal access to the goods and services offered online.

Causes of Action

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

Key Allegations

• Defendant's website is inaccessible to visually impaired individuals.
• Access barriers prevent blind users from completing transactions on the website.
• Defendant has failed to implement necessary modifications for accessibility.

Requested Relief

• Permanent injunction requiring Defendant to make the Website accessible to visually impaired individuals.
• 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).