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Beatriz Gutierrez v. Club Monaco US, LLC

Filed

Case details

Summary

On July 3, 2019, Beatriz Gutierrez filed a Complaint in California State court against Club Monaco US, LLC. Plaintiff Beatriz Gutierrez alleges that www.clubmonaco.com is not accessible per the Section 508 accessibility standard(s).

About the defendant

Club Monaco is a Canadian-founded high-end casual clothing retailer

What the complaint says

The problems the plaintiff describes with the website.

  • lack of alt-text or text equivalent on graphics
  • lacks prompting information and accommodations necessary to allow visually impaired shoppers who use screen readers to locate and accurately fill-out online information.
  • numerous instances of empty links
  • several occurrences where functions cannot be performed using a keyboard and screen reader

Legal claims

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

  • Violation of Unruh Civil Rights Act (California Civil Code §§ 51, 52, et seq.)

What the plaintiff asks for

What the plaintiff wants the court to order.

  • A preliminary and permanent injunction enjoining Defendants from further violations of the UCRA, Civil Code §§ 51, et seq., with respect to their Website, https://www.clubmonaco.com/, and all of the webpages and urls contained therein
  • A preliminary and permanent injunction requiring Defendants to take the steps necessary to make their Website readily and fully accessible to and usable by blind and visuallyimpaired individuals. Plaintiff expressly limits the cost of injunctive relief sought in sections A and B to $15,000 or less
  • An award of statutory minimum damages of $4,000 per violation pursuant to § 52(a) of the California Civil Code
  • For attorneys’ fees and expenses pursuant to all applicable laws including, without limitation, pursuant to California Civil Code § 52(a)
  • For pre-judgment interest to the extent permitted by law
  • For costs of suit
  • For such other and further relief as this Court deems just and proper