Ogletree v. Ban Do Designs, LLC

Summary

On December 18, 2019, Anita Ogletree filed a Complaint in California State court against Ban Do Designs, LLC . Plaintiff Anita Ogletree alleges that www.bando.com is not accessible per the WCAG 2.0 accessibility standard(s).

About the defendant

Ban Do Designs, LLC designs and manufactures women's apparel and accessories.

What the complaint says

The problems the plaintiff describes with the website.

• Linked images missing alternative text;
• Broken ARIA references;
• Empty links that contain no text;
• Broken slip link.

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.