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Delgadillo v. Kreuther Chocolates, LLC

Filed

Case details

Summary

On January 22, 2019, Desmond Delgadillo filed a Complaint in New York Federal court against Kreuther Chocolates, LLC. Plaintiff Desmond Delgadillo alleges that www.kreutherchocolate.com is not accessible per the WCAG 2.0 accessibility standard(s).

About the defendant

Kreuther Chocolates, LLC is an online retailer of handcrafted chocolates.

What the complaint says

The problems the plaintiff describes with the website.

  • Unlabeled buttons and links prevented Plaintiff from navigating the website.
  • At least one cursor trap that prevented Plaintiff from navigating the website.
  • Multiple pages that contained insufficient navigational headings, requiring Plaintiff to expend substantial amount of time to access information
  • 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.

  • Violations of Americans with Disabilities Act
  • 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 preliminary and permanent injunction enjoining Defendant from violating the UCRA, Civil Code § 51 et seq, with respect to its website
  • A preliminary and permanent injunction requiring Defendant to take the steps necessary to make its website readily accessible to and usable by blind and visuallyimpaired individuals
  • An award of statutory minimum damages of $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 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