Rendon v. Ameriprise Financial, Inc

Summary

On March 17, 2021, Rusty Rendon filed a Complaint in California State court against Ameriprise Financial Inc.. Plaintiff Rusty Rendon alleges that www.riversource.com/ is not accessible per the WCAG 2.0 accessibility standard(s).

About the defendant

Ameriprise is a financial services corporation selling annuities, advice, and related financial products.

What the complaint says

The problems the plaintiff describes with the website.

• Missing alternative text which presents a problem because an imagewithout alternative text results in an empty link. Alternative Text is invisible code embedded beneatha graphical image on a website. Web accessibility requires that Alternative Text be coded with eachpicture so that a screen reader can speak the Alternative Text where a sighted user sees pictures.Alternative Text does not change the visual presentation, but instead generates a text box that will popup when the mouse moves over the picture. The lack of Alternative Text on these graphics preventsscreen readers from accurately vocalizing a description of the graphics;
• Linked image missingalternative text which presents a problem because an image without alternative text results in an emptylink. Images that are the only thing within a link must have descriptive alternative text. If an image iswithin a link that contains no text and that image does not provide alternative text, a screen reader hasno content to present to the user regarding the function of the link;
• Empty headings, which presenta problem because a heading contains no content. Keyboard and screen reader users often navigate byheading elements. An empty heading will present no information and may introduce confusion;
• Empty buttons, which present a problem because a button is empty or has no value text. Whennavigating to a button, descriptive text must be presented to screen reader users to indicate the functionof the button;
• Empty links that contain no text causing the function or purpose of the link to not bepresented to the user. This can introduce confusion for keyboard and screen reader users;
• Broken ARIA menu, which presents a problem because an ARIA menu does not contain required menu items.ARIA menus are application menus (like those used in software menu) with a specific keyboard interactions. They are NOT for navigation links on a web site and must contain at least one menuitem, menuitemcheckbox, or menuitemradio element; and
• Redundant Links where adjacent links go tothe same URL address which results in additional navigation and repetition for keyboard and screenreader users.

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 injunction requiring Defendant to take the steps necessary to make the Website readily accessible to and usable by visually impaired individuals; but Plaintiff hereby expressly limits the injunctive relief to require that Defendant expend no more $20,000 as 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
• For such other and further relief as the Court deems just and proper.