Plaintiff
- Name: Roy Rios
- Filing date: April 16, 2020
- State of filing: California
Defendant
- Name: Acco Brands Corporation
- Website: www.kensington.com
- Industry: Commercial Services & Supplies
- Summary: Acco Brands owns and operates Kensington, a subsidiary selling workplace products including computer docking stations, cables, and ergonomics.
Case Summary
On April 16, 2020, Roy Rios filed a Complaint in California State court against Acco Brands Corporation. Plaintiff Roy Rios alleges that www.kensington.com is not accessible per the WCAG 2.0 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
- Missing alternative text which presents a problem because an image without alternative text results in an empty link. Alternative Text is invisible code embedded beneath a graphical image on a website. Web accessibility requires that Alternative Text be coded with each picture so that a screen reader can
speak the Alternative Text where a sighted user sees pictures. Alternative Text does not change the visual presentation, but instead generates a text box that will pop-up when the mouse moves over the picture. The lack of Alternative Text on these graphics prevents screen readers from accurately
vocalizing a description of the graphics; - Linked image missing alternative text which presents a
problem because an image without alternative text results in an empty link. Images that are the only thing within a link must have descriptive alternative text. If an image is within a link that contains no text and that image does not provide alternative text, a screen reader has no content to present to the
user regarding the function of the link.; - Spacer image missing alternative text which presents a
problem because a layout spacer image does not have an alt attribute. Spacer images are used to maintain layout. They do not convey content and should be given null/empty alternative text (alt="") so they are not presented to users and are ignored by screen readers; - 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; and
- Empty links which present a problem because a link contains no text. If a link contains no text, the function or purpose of
the link will not be presented to the user. This can introduce confusion for keyboard and screen reader users
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 Website, https://www.kensington.com/, readily accessible to and usable by visually-impaired individuals; but Plaintiff hereby expressly limits the injunctive relief to require that Defendant expend no more $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 limits the total amount of recovery,
including statutory damages, attorneys’ fees and costs, and cost of injunctive relief not to exceed $74,999; - For attorneys’ fees and expenses pursuant to all applicable laws including, without limitation, California Civil Code § 52(a); however, Plaintiff expressly limits 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.