Sumaya Hussein v. WishGarden Herbs, Inc.

Case Summary

According to the complaint, plaintiff Sumaya Hussein, a visually impaired individual, is suing WishGarden Herbs, Inc. for failing to make its website accessible to blind users. Hussein alleges that the website, which offers herbal wellness products, contains significant barriers that prevent her from completing transactions independently. 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. Hussein encountered multiple accessibility issues while attempting to navigate the website, which she claims denies her and others equal access to the goods and services offered.

Causes of Action

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

Key Allegations

• Website is inaccessible to visually impaired individuals
• Denial of full and equal access to goods and services offered through the Website
• Failure to comply with ADA standards for accessibility

Requested Relief

• Permanent injunction requiring Defendant 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).