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SHEILA BIGLANG-AWA v. J CHOO USA, INC.

Filed July 23, 2019

Plaintiff

  • Name: Sheila Biglang-Awa
  • Filing date: July 23, 2019
  • State of filing: California

Defendant

  • Name: J Choo USA, Inc.
  • Website: us.jimmychoo.com
  • Industry: Apparel
  • Summary: J Choo USA, Inc. is a manufacturer of footwear, bags, and accessories.

Case Summary

On July 23, 2019, Sheila Biglang-Awa filed a Complaint in California State court against J Choo USA, Inc. . Plaintiff Sheila Biglang-Awa alleges that us.jimmychoo.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 ("Alt-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 create an account because of an inaccessible signup system
  • 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 Unruh Civil Rights Act (California Civil Code §§ 51, 52, 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 fully accessible to, and independently usable by blind and visually-impaired individuals in violation of California's Unruh Act, California Civil Code  51, er seq 
  • A preliminary and permanent injunction enjoining Defendant from further violations ofthe UCRA, Civil Code fi 51 et seq. with respect to "us.jimmychoo.com."
  • A preliminary and permanent injunction requiring Defendant to take the steps necessary to make us,jimmychoo.com readily accessible to and usable by blind and visuallyimpaired individuals but Plaintiff hereby expressly limits the injunctive relief to require that Defendant expend no more than $50,000 thereon
  • Plaintiff seeks no relief related to any architectural barriers to access in this Complaint and expressly limits all claims to injunctive reliefto modifications of Defendant's policies and procedures related to the Website
  • Plaintiffseeks no relief related to any architectural barriers to access in this Complaint and expressly limits all claims to injunctive reliefto modifications of Defendant's policies and procedures related to the Website
  • An award ofstatutory minimmn statutory damages of not less than $4,000 per violation pursuant to ) 52(a) ofthe California Civil Code
  • 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'ees and expenses pursuant to all applicable laws including, without limitation, Civil Code tj 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

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