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Abelardo Martinez, Jr. v. Skims Body, Inc.

Filed

Case details

Summary

On September 15, 2020, Abelardo Martinez Jr. filed a Complaint in California State court against Skims Body, Inc. . Plaintiff Abelardo Martinez Jr. alleges that www.skims.com is not accessible per the WCAG 2.0 accessibility standard(s).

About the defendant

SKIMS is a new, solution focused approach to shape enhancing undergarments, created by Kim Kardashian West.

What the complaint says

The problems the plaintiff describes with the website.

  • Empty or missing form labels
  • Multiple form labels
  • Empty buttons, which present a problem because a button is empty or has no value text.
  • Empty links which present a problem because a link contains no text.
  • Redundant Links where adjacent links go to the same URL address

Legal claims

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

  • Violations of the 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 Website, https://skims.com/, readily accessible to and usable by visuallyimpaired 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
  • For such other and further relief as the Court deems just and proper.