Kidkul v. Farmers & Merchants Bancorp

Summary

On February 21, 2020, Nutsiri Kidkul filed a Complaint in California State court against Farmers & Merchants Bancorp. Plaintiff Nutsiri Kidkul alleges that www.fmb.com is not accessible per the Section 508 accessibility standard(s).

About the defendant

Farmers and Merchants Bank is a personal and commercial bank and lender with branches across California.

What the complaint says

The problems the plaintiff describes with the website.

• Lack of alt-text or text equivalent on graphics,
• Inaccessible forms,
• The lack of adequate prompting and labeling,
• The denial of keyboard access,
• Empty links and headings,
• Presence of pop ups which limit access to the content,
• PDF documents which are not fully readable using a screen reader and
• Inability to complete important tasks using the keyboard and screen reader alone.

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.

• A preliminary and permanent injunction enjoining Defendants from further violations of the UCRA, Civil Code §§ 51, et seq., with respect to their Website, https://www.fmb.com/, and all of the webpages and urls contained therein;
• A preliminary and permanent injunction requiring Defendants to take the steps necessary to make their Website readily and fully accessible to and usable by blind and visuallyimpaired individuals. Plaintiff expressly limits the cost of injunctive relief sought to $15,000 or less;
• An award of statutory minimum damages of $4,000 per violation pursuant to § 52(a) of the California Civil Code;
• For attorneys’ fees and expenses pursuant to all applicable laws including, without limitation, pursuant to California Civil Code § 52(a);
• For pre-judgment 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.