Martinez v. Proxibid, Inc.

Summary

On February 28, 2019, Abelardo Martinez, Jr. filed a Complaint in California Federal court against Proxibid, Inc.. Plaintiff Abelardo Martinez, Jr. alleges that www.proxibid.com is not accessible per the WCAG 2.0 accessibility standard(s).

About the defendant

Proxibid owns and operates www.proxibid.com, an online marketplace and auction site where users sell all manner of goods from construction equipment to fashion.

What the complaint says

The problems the plaintiff describes with the website.

• Missing alternative text resulting in an empty link. As a result, visually-impaired persons are unable to determine what is on the website and whether to use defendant's services;
• Empty links that contain no text causing the function or purpose of the link to not be presented. This can introduce confusion for the keyboard and screen reader users;
• Redundant links;
• Redundant title text.

Legal claims

The laws the plaintiff says the defendant broke, called causes of action.

• Unruh Civil Rights Act, California Civil Code, Section 51, et seq.

What the plaintiff asks for

What the plaintiff wants the court to order.

• A judgement that Defendant violated Plaintiff’s rights under the Unruh Civil Rights Act, California Civil Code, Section 51, et seq.
• Preliminary and injunctive relief pursuant to the Unruh Civil Rights Act requiring Defendant to expend no more than $74,999 to ensure its website is accessible;
• An award of statutory damages of $4,000 per violation of the Unruh Civil Rights Act;
• Attorneys' fees and expenses;
• Prejudgement interest;
• Costs of suit;
• For other such and further relief as the Court deems necessary.