Phyllis Hampton v. Good Vibes Trading Company, Inc.

Case Summary

According to the complaint, Phyllis Hampton, a visually impaired individual, is suing Good Vibes Trading Company, Inc. for failing to make its website, https://modgents.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 the website accessible, as well as compensatory damages for affected individuals. The plaintiff claims that the website's design relies on visual elements that are not compatible with screen-reading software, thus denying equal access to visually impaired customers.

Causes of Action

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

Key Allegations

• Website is inaccessible to visually impaired individuals
• Failure to provide necessary accommodations for screen-reader users
• Denial of equal access to goods and services offered 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).