In a groundbreaking legal move, a visually impaired individual has taken action against a prominent home goods retailer for failing to make its digital platform accessible. Holger Fiallo filed the complaint in the United States District Court for the Northern District of Illinois on December 20, 2024, targeting 3Dekor, LLC, which operates under the brand name Ambesonne. The lawsuit highlights critical issues regarding accessibility and equal access to online services for individuals with disabilities.
The plaintiff, Holger Fiallo, who is legally blind and resides in Chicago, Illinois, accuses Ambesonne of violating Title III of the Americans with Disabilities Act (ADA) by not ensuring that its digital properties are accessible to individuals with visual impairments. According to Fiallo's complaint, he attempted to purchase an "Elephant Trees Leaves Bedspread Set" from Ambesonne's website but was unable to complete his transaction due to several accessibility barriers. These included unlabeled elements and improperly formatted content that hindered screen reader technology from effectively communicating website information to visually impaired users.
Fiallo's lawsuit emphasizes the importance of web accessibility in today's digital age, especially given the rise in e-commerce since the COVID-19 pandemic. He argues that Ambesonne's failure to provide an accessible digital platform deprives visually impaired customers of accessing essential goods and services readily available to sighted individuals. The plaintiff quotes Sir Tim Berners-Lee, founder of the World Wide Web: "Access by everyone regardless of disability is an essential aspect," underscoring the universal right to access online resources.
The complaint seeks declaratory and injunctive relief from the court. Specifically, Fiallo requests that Ambesonne be mandated to hire a qualified web accessibility consultant who will assist in making their digital platform fully accessible. This includes providing training for employees involved in content development and conducting regular audits and user testing with individuals who have vision-related disabilities. Additionally, Fiallo demands that Ambesonne establish a public policy statement on their website about their commitment to web accessibility and create avenues for feedback on improving accessibility features.
Representing Holger Fiallo are attorneys Benjamin J. Sweet and Jonathan D. Miller from Nye, Stirling, Hale, Miller & Sweet LLP. The case is presided over by judges at the United States District Court for the Northern District of Illinois under Case ID 1:24-cv-13124.