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Ashley Tesch v. Greenworks North America, LLC

Filed

Case details

Standards cited
WCAG 2.2

Summary

According to the complaint, Ashley Tesch, a visually impaired individual, is suing Greenworks North America, LLC for failing to make its website accessible under the Americans with Disabilities Act (ADA). Tesch alleges that the website, which offers a variety of outdoor power tools, contains significant access barriers that prevent blind and visually impaired users from completing transactions. The complaint cites multiple specific accessibility issues, including the lack of alternative text for images and the requirement to use a mouse for navigation. Tesch seeks a permanent injunction to require the defendant to make the website accessible and compensatory damages for the discrimination faced by her and other class members.

About the defendant

provides consumers access to an array of goods and services, including the ability to purchase a wide selection of electric outdoor power equipment, including drills, lawn mowers, string trimmers, leaf blowers, chainsaws, and pressure washers

What the complaint says

The problems the plaintiff describes with the website.

  • Website is inaccessible to visually impaired individuals
  • Access barriers prevent free and full use by visually impaired individuals
  • Defendant's website requires the use of a mouse to complete a transaction
  • Defendant has failed to take actions to correct these access barriers

Legal claims

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

  • Violation of the Americans with Disabilities Act (ADA)

What the plaintiff asks for

What the plaintiff wants the court to order.

  • preliminary and permanent injunction to prohibit Defendant from violating the ADA
  • injunction requiring Defendant to make the Website compliant with the ADA
  • declaration that Defendant discriminates against the visually impaired
  • order certifying this case as a class action
  • award of costs and expenses of this action together with reasonable attorneys’ and expert fees

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