Martinez v. Square, Inc.

Summary

On August 16, 2019, Abelardo Martinez, Jr. filed a Complaint in California State court against Square, Inc.. Plaintiff Abelardo Martinez, Jr. alleges that www.trycaviar.com is not accessible.

About the defendant

Square, Inc. is a financial services, merchant services aggregator, and mobile payment company that owns and operates Caviar, a food delivery service powered by the Android and iOS mobile app.

What the complaint says

The problems the plaintiff describes with the website.

• Numerous items where the touch targets, or the tappable areas that define links on mobile devices, do not have a high enough dp, or display picture, and
• Numerous items whose text and image contrast ratios, or the ratios of the luminance of the brightest color (white) to that of the darkest color (black), prevents the visually impaired from having appropriate access to the App screens.

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 Plaintiffs’ 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 Caviar mobile application readily accessible to and usable by visually-impairedindividuals; but Plaintiffs hereby expressly limit 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, Plaintiffs 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, Plaintiffs 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