ABELARDO MARTINEZ, JR. v. CARDCOW VINTAGE POSTCARDS D/B/A CARDCOW.COM

    Plaintiff

    • Name: Abelardo Martinez, Jr.
    • Filing date: September 26, 2019
    • State of filing: California

    Defendant

    • Name: Cardcow Vintage Postcards d/b/a Cardcow.com
    • Website: www.cardcow.com
    • Industry: Consumer Goods
    • Summary: CardCow is an online dealer of vintage postcards.

    Case Summary

    On September 26, 2019, Abelardo Martinez, Jr. filed a Complaint in California State court against Cardcow Vintage Postcards d/b/a Cardcow.com . Plaintiff Abelardo Martinez, Jr. alleges that www.cardcow.com is not accessible per the WCAG 2.0 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Empty or missing form labels
    • Empty headings, which present no information and may introduce confusion
    • Redundant Links where adjacent links go to the same URL address
    • Missing alternative text which presents a problem because an image without alternative text results in an empty link

    Plaintiff asserts the following cause(s) of action in its Complaint:

    • Violations of the Unruh Civil Rights Act, California Civil Code § 51 et seq.

    Plaintiff seeks the following relief by way of its Complaint:

    • 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, ferriscoffee.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 $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.

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