Desmond Delgadillo v. Bonobos Inc.

Summary

On May 10, 2019, Desmond Delgadillo filed a Complaint in California State court against Bonobos, Inc. . Plaintiff Desmond Delgadillo alleges that www.bonobos.com is not accessible per the WCAG 2.0, Section 508 accessibility standard(s).

About the defendant

Bonobos, Inc. is an e-commerce driven apparal subsidiary of Walmart that sells men's clothing throughout New York.

What the complaint says

The problems the plaintiff describes with the website.

• The home page has graphics, links, and buttons that are not labeled or are incorrectly labeled, or lack alternative text ("Alt-text").
• Plaintiff encountered multiple unlabeled or mislabeled buttons and links
• Plaintiffencountered multiple pages containing insufficient navigational headings requiring Plaintiff to expend substantial additional time to access information
• Plaintiff was unable to create an account until check out because of an inaccessible signup system
• Plaintiff was unable to browse products because product links and descriptions were inaccessible to screen reading technology
• Plaintiff was unable to make a purchase because of an inaccessible checkout system;

Legal claims

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

• Violation 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.

• A Declaratory ludgment that at the commencement ofthis action Defendant owns, maintains, and/or operates its Website in a matmer which discriminates against the 14 blind, fails to provide access to blind or visually-impaired individuals, and that Defendant took no action that was reasonably calculated to ensure that its Website is fullyaccessible to, and independently usable by blind and visually-impaired individuals in violation ofCalifornia’s Unruh Act, California Civil Code ) 51, et seq
• A preliminary and permanent injunction enjoining Defendant from further violations ofthe UCRA, CivilCode 51 ei seq, with respect to "www.bonobos.com."
• A preliminary and permanem injunction requiring Defendant to take the steps necessary to make www.bonobos.corn readily accessible to and usable by blind and msually impaired individuals but Plaintiffhereby expressly limits the injunctive reliefto require that Defendant expend no more than $ 50,000 thereon
• An award ofstatutory minimum statutory damages ofnot less than $ 4,000 per violation pursuant to 52(a) of the California Civil Code
• An additional award of $4,000.00 as deterrence damages for each violation pursuant to Johnson v, Guedoir, 218 F. Supp. 3d 1096; 2016 U.S. Dist.LEXIS 150740 (USDC 28 Cal, E.D. 2016);
• For attorneys' fees and expenses pursuant to all applicable laws including, without limitation, pursuant to California Civil Code § 52(a)
• For prejudgment interest to the extent permitted by law
• For costs of suit
• For such other and further relief as this Court deems just and proper