Plaintiff
- Name: Roy Rios
- Filing date: April 4, 2019
- State of filing: California
Defendant
- Name: Mel Bernie and Company Inc.
- Website: www.1928.com
- Industry: Consumer Goods
- Summary: Mel Bernie and Company Inc. produces and sells jewelry and accessories via its website, www.1928.com.
Case Summary
On April 4, 2019, Roy Rios filed a Complaint in California State court against Mel Bernie and Company Inc.. Plaintiff Roy Rios alleges that www.1928.com is not accessible per the WCAG 2.0 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
- Linked image missing alternative text which presents a problem because an image without alternative text results in an empty link.
- 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
- Redundant links where adjacent links go to the same URL address which results in additional navigation and repetition 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 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 releif;
- 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 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.