Plaintiff
- Name: Abelardo Martinez, Jr.
- Filing date: December 20, 2019
- State of filing: California
Defendant
- Name: Epic Games, Inc.
- Website: www.epicgames.com/store/en-us
- Industry: Entertainment
- Summary: Epic Games, Inc. is one of the world's premier video game developers, responsible for franchises including Borderlands, Tom Clancy Division, Red Dead Redemption, and Assassin's Creed, among others.
Case Summary
On December 20, 2019, Abelardo Martinez, Jr. filed a Complaint in California Federal court against Epic Games, Inc.. Plaintiff Abelardo Martinez, Jr. alleges that www.epicgames.com/store/en-us is not accessible per the WCAG 2.0 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
- Empty links that contain no text causing the function or purpose of the link to not be presented to the user. This can introduce confusion for keyboard and screen reader users; and
- Empty buttons, which means that a button is empty or has no value text. When navigating to a button, descriptive text must be presented to screen reader users to indicate the function of the button.
Plaintiff asserts the following cause(s) of action in its Complaint:
Unruh Civil Rights Act, California Civil Code § 51 et seq.
Plaintiff seeks the following relief by way of its Complaint:
- For a judgment that Defendant violated Plaintiff's rights under the Unruh Civil Rights Act, California Civil Code § 51 et seq.
- For a preliminary and permanent injunction requiring Defendant to take the steps necessary to make the Websites readily accessible to and usable by visually-impaired individuals, but Plaintiff hereby expressly limit the injunctive relief to require the Defendant expend no more than $20,000 as the cost of injunctive relief;
- An award of statutory minimum damages of $4,000 per violation pursuant to section 52(a) of the California Civil Code, however, Plaintiff expressly limit the total amount of recovery, including statutory damages, attorneys' fees and costs, and cost of injunctive relief not to exceed $74,999;
- For pre-judgment interest to the extent permitted by law;
- For costs of suit; and
- For such other and further relief as the Court Deems just and proper.