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Plaintiff alleges online retailer violates ADA over inaccessible website

COOK COUNTY RECORD

Tuesday, March 25, 2025

Plaintiff alleges online retailer violates ADA over inaccessible website

Federal Court
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U.S. District Court for the Western District of Pennsylvania | Official website

A visually-impaired individual has taken legal action against a major online retailer, alleging discrimination due to the inaccessibility of its website. Leah Walker filed a class-action complaint on February 24, 2025, in the United States District Court for the Northern District of Illinois against Tozo, Inc., claiming that the company's website is not accessible to blind and visually-impaired users.

Walker, who is legally blind and requires screen-reading software to navigate websites, argues that Tozo's website, Tozostore.com, fails to comply with the Americans with Disabilities Act (ADA). She claims that this non-compliance denies her and others like her equal access to the goods and services offered by Tozo. According to Walker's complaint, "Defendant’s denial of full and equal access to its website...is a violation of Plaintiff’s rights under the Americans with Disabilities Act." The lawsuit highlights several accessibility barriers on Tozostore.com, such as inadequate focus order, lack of alternative text for images, inaccessible drop-down menus, and mouse-dependent navigation which are not compatible with screen readers used by visually impaired individuals.

Walker recounts her experience attempting to purchase earbuds from Tozostore.com but was unable due to these barriers. She emphasizes that while sighted customers can easily browse and complete transactions independently on the site, she had to rely on assistance due to the site's inaccessibility. The plaintiff accuses Tozo of failing to adopt readily available technologies that could make their website accessible. Walker asserts that other companies have successfully implemented these technologies following guidelines such as those provided by the Web Content Accessibility Guidelines (WCAG) 2.2.

The lawsuit seeks several forms of relief from the court. Walker requests a permanent injunction requiring Tozo to modify its website policies and practices so it becomes accessible for blind users. Additionally, she seeks compensatory damages for herself and others similarly affected by what she describes as unlawful discrimination. The complaint also calls for declaratory relief affirming that Tozo's current practices violate ADA standards.

Representing Walker is attorney David B. Reyes from Equal Access Law Group PLLC. The case has been assigned Case No.: 1:25-cv-1882 in front of judges at the United States District Court for the Northern District of Illinois.

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