ABELARDO MARTINEZ, JR. v. THIRDLOVE, INC.

    Plaintiff

    • Name: Abelardo Martinez Jr.
    • Filing date: September 4, 2019
    • State of filing: California

    Defendant

    • Name: Thirdlove, Inc.
    • Website: www.thirdlove.com
    • Industry: Apparel
    • Summary: ThirdLove is an American company producing and selling bras, underwear, loungewear and nightwear.

    Case Summary

    On September 4, 2019, Abelardo Martinez Jr. filed a Complaint in California State court against Thirdlove, Inc. . Plaintiff Abelardo Martinez Jr. alleges that www.thirdlove.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 buttons, which means that a button is empty or has no value text.
    • Redundant Links where adjacent links go to the same URL address

    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, thirdlove.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; 5. 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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