Tanisia Bowman v. NEWELL BRANDS INC.

Case Summary

According to the complaint, plaintiff Tanisia Bowman, a legally blind individual, is suing Newell Brands Inc. for failing to make their website, Exofficio.com, accessible to blind users. The complaint alleges that the website contains significant barriers that prevent blind individuals from independently navigating and completing transactions. Specific issues include a lack of alternative text for images, improper heading hierarchy, and reliance on mouse navigation, which excludes blind users. The plaintiffs seek a permanent injunction to require Newell Brands to make the website accessible and compensatory damages for the discrimination experienced. The case is filed under the Americans with Disabilities Act, which mandates equal access to public accommodations.

Causes of Action

• Violation of 42 U.S.C. §§ 12181 et seq. – Title III of the Americans with Disabilities Act
• Declaratory Relief
• Negligent Infliction of Emotional Distress

Key Allegations

• Defendant's website is inaccessible to blind and visually-impaired persons
• Plaintiff encountered significant access barriers on Exofficio.com
• Defendant failed to provide reasonable modifications to ensure accessibility

Requested Relief

• A preliminary and permanent injunction to prohibit Defendant from violating the ADA
• An order requiring Defendant to make its website accessible to blind individuals
• Compensatory damages
• Punitive damages

Proposed Class

all legally blind individuals in the United States who have attempted to access Exofficio.com and as a result have been denied access to the enjoyment of goods and services offered by Exofficio.com, 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).