Plaintiff
- Name: Holger Fiallo, Samuel Wilson
- Filing Date: January 28, 2026
- Court: United States District Court Northern District of Illinois
- State: Illinois
- Attorney Firm: Nye, Stirling, Hale, Miller, Sweet LLP
Defendant
- Name: Modway Inc.
- Website: modway.com
- Industry: Consumer Goods
- Standards Cited: ADA Title III, WCAG 2.1
- Summary: Designs, develops, manufactures, and distributes indoor and outdoor furniture and related products.
Case Summary
According to the complaint, plaintiffs Holger Fiallo and Samuel Wilson, both legally blind, are suing Modway Inc. for failing to make its digital platform accessible, violating the Americans with Disabilities Act and New York State Human Rights Law. They allege that they encountered significant barriers while attempting to access the website to purchase products, including issues with navigation and unlabeled interactive elements. The plaintiffs seek a permanent injunction to require Modway to implement accessibility measures, as well as compensatory damages and attorneys' fees.
Causes of Action
- Violation of Title III of the ADA
- Violation of New York State Human Rights Law, Exec. Law, Article 15 § 290, et seq.
Key Allegations
- Defendant's digital properties are not accessible to legally blind individuals.
- Plaintiffs encountered barriers that denied them access to products and services on the digital platform.
- Defendant failed to implement adequate corporate policies for accessibility.
Requested Relief
- Permanent injunction requiring accessibility changes to the digital platform.
- Payment of costs and reasonable attorneys' fees.
- Compensatory damages for violations of New York State Human Rights Law.
Proposed Class
Individuals with visual disabilities who are denied full and equal access to the digital platform of Modway Inc.
Jurisdiction & Venue
Jurisdiction is invoked pursuant to 28 U.S.C. § 1331, 28 U.S.C.A. § 1367 and 42 U.S.C. § 12188. Venue is proper under 28 U.S.C. § 1391(b)(2).
