Erika Randolph v. Italiantouch USA, Inc.

Summary

According to the complaint, Erika Randolph, a visually-impaired individual, is suing Italiantouch USA, Inc. for failing to make its website, Tods.com, accessible to blind users, violating the Americans with Disabilities Act (ADA). Randolph alleges that the website contains significant barriers that prevent blind individuals from completing transactions, including lack of alternative text for images and reliance on mouse navigation. She seeks a permanent injunction to require the defendant to make the website accessible and compensatory damages for the discrimination faced. The complaint also seeks class action status for all legally blind individuals who have attempted to access Tods.com.

About the defendant

Italiantouch provides a website that offers a wide array of goods and services, including footwear and accessories such as bags, belts, wallets, and sunglasses, allowing consumers to make purchases online.

What the complaint says

The problems the plaintiff describes with the website.

• Tods.com is not accessible to blind and visually-impaired persons.
• Plaintiff encountered multiple accessibility barriers on Tods.com that prevented her from completing a purchase.
• Defendant has failed to implement necessary modifications to make the website accessible.

Legal claims

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

• Violation of 42 U.S.C. §§ 12181 et seq. - Title III of the Americans with Disabilities Act
• Declaratory Relief
• Negligent Infliction of Emotional Distress

What the plaintiff asks for

What the plaintiff wants the court to order.

• A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act.
• An injunction requiring Defendant to make Tods.com compliant with the ADA.
• A declaration that Defendant discriminates against the blind through its website.
• Class action certification and appointment of Plaintiff as Class Representative.
• Payment of nominal damages.
• Pre- and post-judgment interest.
• An award of costs and expenses of this action together with reasonable attorneys’ and expert fees.
• Punitive damages.
• Compensatory damages in an amount to be determined at trial.

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 Tods.com and as a result have been denied access to the enjoyment of goods and services offered by Tods.com, during the relevant statutory period.