Erika Randolph v. Thule, Inc.

Case Summary

According to the complaint, Erika Randolph, a visually-impaired individual, is suing Thule, Inc. for failing to make its website, Thule.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 independently navigating and completing purchases. Specific issues include hidden elements, lack of descriptive alt-text, and a requirement for mouse usage. The plaintiff seeks a permanent injunction to require Thule to make its website accessible and compensatory damages for the discrimination faced by herself and other blind users.

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

Key Allegations

• Thule.com is inaccessible to blind and visually-impaired persons due to significant access barriers.
• Plaintiff encountered hidden elements, unclear labels, and lack of alt-text on graphics.
• Thule's website requires mouse usage, which is not accessible for blind users.

Requested Relief

• A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act.
• A preliminary and permanent injunction requiring Defendant to make its website accessible to blind individuals.
• Payment of nominal damages.
• Compensatory damages in an amount to be determined at trial.
• An award of costs and expenses of this action together with reasonable attorneys’ and expert fees.

Proposed Class

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

Jurisdiction & Venue

This Court has subject-matter jurisdiction under 28 U.S.C. § 1331 and 42 U.S.C. § 12182; venue is proper under 28 U.S.C. §1391(b)(1) and (2).