Plaintiff
- Name: Jennifer Carbine
- Filing date: May 31, 2019
- State of filing: California
Defendant
- Name: ACU Development, LLC
- Website: www.modernacupuncture.com
- Industry: Medical
- Summary: ACU Development, LLC operates Modern Acupuncture which offers acupuncture services and other wellness focused services.
Case Summary
On May 31, 2019, Jennifer Carbine filed a Complaint in California State court against ACU Development, LLC . Plaintiff Jennifer Carbine alleges that www.modernacupuncture.com is not accessible per the WCAG 2.0, Section 508 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
- The home page has graphics, links. and buttons that are not labeled or are incorrectly labeled, or lack alternative text
- Plaintiff encountered multiple unlabeled or mislabeled buttons and links
- Plaintiff encountered multiple pages containing insufficient navigational headings requiring Plaintiff to expend substantial additional time to access information
- Plaintiff was unable to make a purchase because of an inaccessible checkout system
Plaintiff asserts the following cause(s) of action in its Complaint:
-
Violation of the Unruh Civil Rights Act, California Civil Code §51 et seq.
Plaintiff seeks the following relief by way of its Complaint:
- A Declaratory Judgment that at the commencement ofthis action Defendant owns, maintains, and/or operates its website in a manner which discriminates against the blind, fails to provide access to blind or visually-impaired individuals, and that Defendant took no action that was reasonably calculated to ensure that its website is fullyaccessible to, and independently usable by blind and visually-impaired individuals in violation ofCalifornia's Unruh Act, California Civil Code 51, et seq
- A preliminary and permanent injunction enjoining Defendant from further violations ofthe UCRA, Civil Code 51 et seq. with respect to www.modernacupuncture.com
- A preliminary and permanent injunction requiring Defendant to take the steps necessary to make modernacupuncture.com readily accessible to and usable by blind and visually-impaired individuals but Plaintiff hereby expressly limits the Injunctive reliefto require that Defendant expend no more than $ 50,000 thereon
- An award ofstatutory minimum statutory damages ofnot less than $4,000 per violation pursuant to 52(a) ofthe California CivilCode
- An additional award of $4,000.00 as deterrence damages for each violation pursuant to Johnson v. Guedoir, 218 F. Supp. 3d 1096; 2016 U.S. Dist.LEXIS 150740 (USDC Cal, E.D. 2016)
- For attorneys' fees and expenses pursuant to all applicable laws including, without limitation, CivilCode 52(a);
- For pre-judgment interest to the extent permitted by law
- For costs of suit
- For such other and further relief as this Court deems just and proper