Gutierrez v. The Swatch Group (U.S.) Inc.

Summary

On August 26, 2019, Beatriz Gutierrez filed a Complaint in California Federal court against The Swatch Group US Inc.. Plaintiff Beatriz Gutierrez alleges that www.us.tissotshop.com/ is not accessible per the Section 508 accessibility standard(s).

About the defendant

The Swatch Group US Inc. is the US division of Swatch, the Swiss watch group that produces Rolex, Tudor, Tissot, Swatch, and a myriad of other watch brands.

What the complaint says

The problems the plaintiff describes with the website.

• Lack of alt-text or text equivalent on graphics,
• Inaccessible forms,
• The lack of adequate prompting and labeling,
• The denial of keyboard access,
• Empty links and headings,
• Inability to complete important tasks using the keyboard and screen reader alone, and
• Content which is not fully readable or navigable using a screen reader.

Legal claims

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

• Americans with Disabilities Act, 42 U.S.C. § 12181 et seq.
• Unruh Civil Rights Act, California Civil Code § 51 et seq.

What the plaintiff asks for

What the plaintiff wants the court to order.

• Declaratory Judgment that, at the commencement of this action, Defendants were in violation of the specific requirements of Title III of the ADA 42 U.S.C. §§ 12101, et seq., and the relevant implementing regulations of the ADA, for Defendants' failure to take action that was reasonably calculated to ensure that their Website is fully accessible to, and independently usable by, blind and visually-impaired individuals;
• A preliminary and permanent injunction enjoining Defendants from further violations of the ADA, 42 U.S.C. §§ 12101, et seq. , and/or the UCRA, Civil Code§§ 51, et seq., with respect to the Website, https://us.tissotshop.com/, and webpages 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 visually impaired 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 applicab le 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; and
• For such other and further relief as this Court deems just and proper.