Sandra Ford v. Everest Neocell LLC

Case Summary

According to the complaint, Sandra Ford, a visually impaired individual, is suing Everest Neocell LLC for failing to make its website, Neocell.com, accessible to blind users. Ford 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, along with compensatory damages for affected individuals. Ford encountered issues such as inaccessible drop-down menus and reliance on mouse navigation, which hindered her ability to shop online. The plaintiff seeks to represent a class of similarly situated individuals who have faced these barriers.

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 reasonable modifications for accessibility
• 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).