Chu v. Saks & Company, LLC

Summary

On June 26, 2019, Kyo Hak Chu filed a Complaint in California Federal court against Saks & Company, LLC. Plaintiff Kyo Hak Chu alleges that www.saksfifthavenue.com is not accessible per the WCAG 2.0, WCAG 2.1 accessibility standard(s).

About the defendant

Saks & Company, LLC owns and operates the Saks Fifth Avenue department store chain, specializing in designer apparel, shoes, accessories, and home goods.

What the complaint says

The problems the plaintiff describes with the website.

• Missing Alternative Text (“alt-text”), or a text equivalent.
• Empty or missing form labels;
• Empty links that contain no text;
• Redundant Links where adjacent links go to the same URL address;

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 Plaintiffs and his 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 its website readily accessible to and usable by visually impaired individuals;
• Statutory minimum damages of $4,000 per offense perperson pursuant to section 52(a) of the California Civil Code.
• Attorneys’ fees and expenses pursuant to California Civil Code §§ 52(a), 52.1(h), and 42 U.S.C. § 12205;
• Pre-judgment interest to the extent permitted by law;
• Costs of suit; and;
• Such other and further relief as the Court deems just and proper.