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Ashley Tesch v. Cutlery And More, LLC

Filed

Case details

Standards cited
WCAG 2.2

Summary

According to the complaint, Ashley Tesch, a visually impaired individual, is suing Cutlery And More, LLC for failing to make its website, cutleryandmore.com, accessible to blind users. Tesch alleges that the website contains significant barriers that prevent her and others from independently navigating and completing purchases. The complaint cites violations of the Americans with Disabilities Act (ADA) and seeks a permanent injunction to require the defendant to make the website accessible, as well as compensatory damages for affected individuals. Tesch encountered issues such as poorly described images, ambiguous links, and a requirement to use a mouse, which hindered her ability to shop online.

About the defendant

Provides consumers access to an array of goods and services, including the ability to purchase a variety of knives, cookware, cutlery sets, kitchen tools, and dining accessories.

What the complaint says

The problems the plaintiff describes with the website.

  • Website is inaccessible to visually impaired individuals
  • Failure to provide adequate alt-text for images
  • Ambiguous link texts
  • Inability to complete transactions without a mouse

Legal claims

The laws the plaintiff says the defendant broke, called causes of action.

  • Violation of the Americans with Disabilities Act (ADA)
  • Declaratory Relief

What the plaintiff asks for

What the plaintiff wants the court to order.

  • Permanent injunction to make the Website accessible
  • Compensatory damages for Class Members
  • Certification of the case as a class action

Proposed class

The group of people the plaintiff asks to represent, so the case can cover them too.

All legally blind individuals in the United States who have attempted to access the Website and as a result have been denied access to the enjoyment of goods and services offered by the Website, during the relevant statutory period.