A recent court filing has brought to light significant accessibility issues on a major online platform, raising concerns about digital inclusivity. On September 3, 2024, Holger Fiallo filed a complaint in the United States District Court for the Northern District of Illinois against Alton Industry Limited Group DBA Ecowell.
Holger Fiallo, who is legally blind, alleges that Ecowell's digital properties are not accessible to individuals with visual disabilities, thereby violating Title III of the Americans with Disabilities Act (ADA). According to the complaint, Ecowell's website and mobile applications fail to meet the effective communication and equal access requirements mandated by the ADA. The plaintiff points out that 2.3 percent of the American population lives with some form of visual disability and emphasizes that access to digital platforms is critical for these individuals, especially in the post-pandemic era where e-commerce has surged.
Fiallo's lawsuit details several specific barriers he encountered while attempting to use Ecowell’s website. For instance, logos displayed on the site are announced as incomprehensible strings of characters by screen readers, product images lack descriptive text, and downloadable product manuals are inaccessible. These barriers prevent visually impaired users from accessing information about products or completing purchases independently. "When it is properly formatted, digital content is universally accessible to everyone," states Fiallo in his complaint. However, he argues that Ecowell's failure to format its digital properties correctly results in ineffective communication and denies legally blind individuals equal access.
The plaintiff seeks a permanent injunction requiring Ecowell to overhaul its corporate policies and make its digital properties fully accessible. This includes hiring a qualified web accessibility consultant, providing regular training for employees involved in digital content development, conducting periodic automated and human-led accessibility audits, and creating a public web accessibility policy. Additionally, Fiallo requests that Ecowell modify existing bug fix policies to include eliminating bugs that cause accessibility issues and provide ongoing monitoring for compliance.
Represented by attorneys Benjamin J. Sweet and Jonathan D. Miller from Nye, Stirling, Hale, Miller & Sweet LLP, Fiallo demands declaratory judgment confirming Ecowell’s violation of ADA requirements at the time of filing. He also seeks payment for legal costs and reasonable attorney fees associated with monitoring compliance.
This case is presided over by Judge [Name] under Case ID 1:24-cv-07991.