Phyllis Hampton v. EXCLUSIVE FURNITURE, L.P.

Case Summary

According to the complaint, Phyllis Hampton, a visually-impaired individual, is suing Exclusive Furniture, L.P. for failing to make their website, Exclusivefurniture.com, accessible to blind users. Hampton alleges that the website contains significant barriers that prevent her and others with visual impairments from independently accessing and purchasing products. The complaint cites violations of the Americans with Disabilities Act (ADA) and seeks a permanent injunction to require the defendant to make necessary changes to the website, as well as compensatory damages for the discrimination faced by Hampton and the class members. The complaint details specific accessibility issues encountered by Hampton while attempting to navigate the website and highlights the need for compliance with established web accessibility standards.

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 was denied the ability to complete a purchase on the website due to accessibility barriers.
• Defendant failed to implement necessary modifications to make the website accessible.

Requested Relief

• A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act.
• A declaration that Defendant's website discriminates against the blind.
• Compensatory damages in an amount to be determined at trial.

Proposed Class

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