Cota v. O’Neill Wetsuits, L.L.C.
Filed
Case details
- Defendant’s website
Summary
On June 23, 2020, Julissa Cota filed a Complaint in California Federal court against O'Neill Wetsuits, L.L.C.. Plaintiff Julissa Cota alleges that us.oneill.com is not accessible per the WCAG 2.1 accessibility standard(s).
About the defendant
O'Neill manufactures and sells surfwear, wetsuits, casual apparel, and surfing gear and accessories at retail stores and via its website.
What the complaint says
The problems the plaintiff describes with the website.
- Lack of Alternative Text (“alt-text”), or a text equivalent.
- Empty Links That Contain No Text causing the function or purpose of the link to not be presented to the user.
- Redundant Links where adjacent links go to the same URL address which results in additional navigation and repetition for keyboard and screen-reader users; and
- Linked Images Missing Alt-text, which causes problems if an image within a link contains no text and that image does not provide alt-text.
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.
- For an Order certifying the Nationwide Class and California Class as defined herein and appointing Plaintiff and her Counsel to represent the Nationwide Class and the California Class;
- A preliminary and permanent injunction pursuant to 42 U.S.C. § 12188(a)(1) and (2) and section 52.1 of the California Civil Code enjoining Defendant from violating the Unruh Civil Rights Act and ADA and requiring Defendant to take the steps necessary to make us.oneill.com/ readily accessible to and usable by visually impaired individuals;
- An award of statutory minimum damages of $4,000 per offense per person pursuant to section 52(a) of the California Civil Code.
- For attorneys’ fees and expenses pursuant to California Civil Code §§ 52(a), 52.1(h), and 42 U.S.C. § 12205;
- For pre-judgment interest to the extent permitted by law;
- For costs of suit; and;
- For such other and further relief as the Court deems just and proper.