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
- 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 website accessible, violating the Americans with Disabilities Act (ADA) and New York State Human Rights Law. They allege that they encountered numerous barriers while trying to access the website, which prevented them from purchasing products. The plaintiffs seek a permanent injunction requiring Modway to improve its website accessibility and to pay damages and attorney fees.
Causes of Action
- 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 full access to Defendant's online goods and services.
- Defendant uses an Accessibility Overlay that fails to meet accessibility standards.
Requested Relief
- A Declaratory Judgment that Defendant was in violation of the ADA and New York laws.
- A permanent injunction requiring Defendant to make its Digital Platform accessible.
- Payment of costs of suit.
- Payment of reasonable attorneys’ fees.
- Payment of compensatory damages pursuant to New York law.
- Payment of nominal damages.
- Provision of other relief deemed just and equitable.
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).
