Plaintiff
- Name: Chris Langer
- Filing date: September 28, 2020
- State of filing: California
Defendant
- Name: Joubin S. Gabbay, MD, Inc.
- Website: www.gabbayplasticsurgery.com
- Industry: Medical
- Summary: Joubin S. Gabbay, MD, Inc. operates as a plastic surgery medical practice.
Case Summary
On September 28, 2020, Chris Langer filed a Complaint in California State court against Joubin S. Gabbay, MD, Inc. . Plaintiff Chris Langer alleges that www.gabbayplasticsurgery.com is not accessible per the WCAG 2.1 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
- When Plaintiff attempted to view video content on the Website, he discovered that the videos lacked closed captioning, which made him unable to fully understand and consume the contents of the videos
- Plaintiff experienced difficulty and discomfort in attempting to view videos including: “Trifecta”, “Sculpture Hip Dips Surgery (Non-Invasive!)”, “No Touch Technique”, “Active wear Try on Haul W/New Boobs!”.
Plaintiff asserts the following cause(s) of action in its Complaint:
- Violations Of Americans with Disabilities Act; Unruh Civil Rights Act
Plaintiff seeks the following relief by way of its Complaint:
- A Declaratory Judgment that at the commencement of this action Defendants were in violation of the requirements of the ADA due to Defendants’ failures to take action to ensure that its websites were fully accessible to and independently usable by hearing-impaired individuals, including providing closed-captioning on all video content containing audio elements.
- Pursuant to 42 U.S.C § 12181, a preliminary and permanent injunction enjoining Defendants from violating the ADA with respect to its website.
- Damages under the Unruh Civil Rights Act § 511, which provides for actual damages and a statutory minimum of $4,000 for each offense.
- Reasonable attorney fees, litigation expenses and costs of suit, pursuant to 42 U.S.C. § 12205; and Cal. Civ. Code § 52.