Luis Licea v. Cca Industries, Inc.

Summary

On March 4, 2019, Luis Licea filed a Complaint in California Federal court against CCA Industries, Inc.. Plaintiff Luis Licea alleges that bikinizone.com is not accessible per the WCAG 2.0 accessibility standard(s).

About the defendant

CCA Industries, Inc. manufactuers Bikini Zone, a beauty product.

What the complaint says

The problems the plaintiff describes with the website.

• Missing alternative text
• Empty or missing form labels
• Empty links that contain no text
• Redundant links

Legal claims

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

• Violations 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.

• For a judgment that Defendant violated Plaintiff’s rights under the Unruh Civil Rights Act, California Civil Code § 51 et seq.
• For a preliminary and permanent injunctive relief pursuant to the Unruh Civil Rights Act, California Civil Code § 51 et seq. requiring Defendant to do the following, with Plaintiff hereby expressly limiting the cost of injunctive relief to require that Defendant expend no more than $74,999 total, inclusive of statutory damages, attorneys’ fees and costs, and the cost of injunctive relief:
• Ensure that its Website, bikinizone.com, is easily accessible to individuals who are visually-impaired and who use computers, including laptops, tablets, and smartphones
• Ensure that individuals who are visually-impaired have an equal opportunity to participate in and benefit from goods, services, facilities, privileges, advantages, and accommodations provided through its Website
• Adopt and implement website accessibility policies which ensure that its Website is fully and equally accessible to the visually-impaired
• Require any third party vendors who participate on its Website to ensure that it is fully and equally accessible to the visually-impaired
• Make publicly available, and provide a direct link on the homepage of its Website, to a statement of Accessibility Policy to ensure that the visually-impaired have full and equal enjoyment of its Website
• Provide quarterly mandatory website accessibility training to all employees who write or develop programs or code for, or who publish final content to, its Website, as to how to conform all web content and services with criteria to ensure that the visually-impaired have full and equal enjoyment of its Website
• Conduct quarterly automated accessibility tests of its Website to identify any instances where the Website is no longer in conformance with criteria that ensures that the visually-impaired have full and equal enjoyment of its Website
• An award of statutory minimum damages of $4,000 per violation pursuant to section 52(a) of the California Civil Code; however, Plaintiff expressly limits the total amount of recovery, including statutory damages, attorneys’ fees and costs, and cost of injunctive relief not to exceed $74,999
• For attorneys’ fees and expenses pursuant to all applicable laws including, without limitation, California Civil Code § 52(a); however, Plaintiff expressly limits the total amount of recovery, including statutory damages, attorneys’ fees and costs, and cost of injunctive relief not to exceed $74,999
• For pre-judgment interest to the extent permitted by law
• For costs of suit
• For such other and further relief as the Court deems just and proper