Martinez v. Epic Games, Inc.
Filed
Case details
- Defendant’s website
Summary
On December 20, 2019, Abelardo Martinez, Jr. filed a Complaint in California Federal court against Epic Games, Inc.. Plaintiff Abelardo Martinez, Jr. alleges that www.epicgames.com/store/en-us is not accessible per the WCAG 2.0 accessibility standard(s).
About the defendant
Epic Games, Inc. is one of the world's premier video game developers, responsible for franchises including Borderlands, Tom Clancy Division, Red Dead Redemption, and Assassin's Creed, among others.
What the complaint says
The problems the plaintiff describes with the website.
- 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
- 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.
Legal claims
The laws the plaintiff says the defendant broke, called causes of action.
- Unruh Civil Rights Act, California Civil Code § 51 et seq.
What the plaintiff asks for
What the plaintiff wants the court to order.
- 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 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 limit 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.