Delgadillo v. Usape LLC
Filed
Case details
- Defendant’s website
Summary
On August 2, 2019, Desmond Delgadillo filed a Complaint in New York Federal court against USAPE LLC. Plaintiff Desmond Delgadillo alleges that us.bape.com is not accessible.
About the defendant
USAPE LLC manufactures and sells swimwear, apparel, accessories, and sunglasses under the brand name, A Bathing Ape.
What the complaint says
The problems the plaintiff describes with the website.
- Unlabeled buttons and links prevented him from navigating the website;
- Cursor trap preventing website navigation;
- Multiple pages that contained insufficient navigational headings.
- Product links and descriptions were inaccessible to screen reading technology.
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.
- 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 visually-impaired 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; and
- For such other and further relief as this Court deems just and proper.