Rendon v. Touchdolls, Inc.

Summary

On December 4, 2019, Rusty Rendon filed a Complaint in California State court against Touchdolls, Inc.. Plaintiff Rusty Rendon alleges that www.touchdolls.com is not accessible per the WCAG 2.0 accessibility standard(s).

About the defendant

Touchdolls began as a fashion boutique in Florida and has grown into a celebrity-inspired fashion brand, manufacturing and selling apparel at retail and via its website.

What the complaint says

The problems the plaintiff describes with the website.

• Missing alternative text which presents a problem because an image without alternative text results in an empty link.
• Empty links that contain no text causing the function orpurpose of the link to not be presented to the user.
• Linked image missing alternative text which presents a problem because an image without alternative text results in an empty link.
• Document language missing, which presents a problem because the language of the document is not identified.

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, 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; and
• For such other and further relief as the Court deems just and proper.