Luis Licea v. PH Beauty Labs, Inc.
Filed
Case details
- Defendant’s website
Summary
On February 7, 2019, Luis Licea filed a Complaint in California State court against PH Beauty Labs, Inc.. Plaintiff Luis Licea alleges that www.freemanbeauty.com is not accessible per the WCAG 2.0 accessibility standard(s).
About the defendant
PH Beauty Labs, Inc. sells beauty products under the trade name Freeman Beauty.
What the complaint says
The problems the plaintiff describes with the website.
- Empty links that contain no text causing the function or purpose of the link to not be presented to the user. This can introduce confusion for keyboard and screen reader users;
- Broken ARIA reference. An aria-labelled by or aria-described by reference exists, but the target for the reference does not exist. ARIA labels and descriptions will not be presented if the element referenced does not exist in the page; and
- Redundant Links where adjacent links go to the same URL address which results in additional navigation and repetition for keyboard and screen reader users.
Legal claims
The laws the plaintiff says the defendant broke, called causes of action.
- 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 injunction requiring Defendant to take the steps necessary to make the Website, freemanbeauty.com, readily accessible to and usable by visually-impaired individuals; but Plaintiff hereby expressly limits the injunctive relief to require that Defendant expend no more $74,999 total, inclusive of statutory damages, attorneys’ fees and costs, and the cost of injunctive relief;
- 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; and
- For such other and further relief as the Court deems just and proper.