Phyllis Hampton v. Eos Products, LLC

Case Summary

According to the complaint, Phyllis Hampton, a visually impaired individual, is suing Eos Products, LLC for failing to make its website, evolutionofsmooth.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 affected individuals. Hampton claims that the lack of accessible features denies visually impaired users 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 provide necessary accommodations for screen-reader users

Requested Relief

• Preliminary and permanent injunction to prohibit violations of the ADA
• Injunction requiring compliance with ADA
• Declaration of discriminatory practices
• Class action certification
• Pre- and post-judgment interest
• Award of costs and attorney fees
• Other relief deemed just and proper

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 proper under 28 U.S.C. §1391(b)(1) and (2)