Plaintiff
- Name: Morgan Cole
- Filing Date: May 30, 2026
- Court: United States District Court Central District of Illinois
- State: Illinois
- Attorney Firm: Equal Access Law Group, PLLC
Defendant
- Name: Upstep, LLC
- Website: www.upstep.com
- Industry: Consumer Goods
- Standards Cited: WCAG 2.2
- Summary: Provides consumers access to an array of goods and services, including the ability to purchase a wide range of custom orthotic insoles for everyday use, work, sports, running, walking, and foot pain relief.
Case Summary
According to the complaint, Morgan Cole, a visually impaired individual, is suing Upstep, LLC for failing to make its website, https://www.upstep.com, accessible to blind users, violating the Americans with Disabilities Act (ADA). Cole alleges that the website contains significant barriers that prevent visually impaired individuals from independently navigating and completing purchases. The complaint seeks a permanent injunction to require Upstep to make its website accessible and compensatory damages for the discrimination faced by Cole and other class members. The case highlights the need for compliance with established web accessibility standards to ensure equal access to goods and services for all users.
Causes of Action
- Violation of the Americans with Disabilities Act (ADA)
Key Allegations
- Website is inaccessible to visually impaired individuals
- Access barriers prevent independent navigation and purchases
- Defendant failed to implement necessary accessibility features
Requested Relief
- 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
- Pre- and post-judgment interest
- 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 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.
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) because Defendant conducts business in this District and a substantial portion of the conduct complained of occurred here.
