OGLETREE v. THE BOUQS COMPANY

    Plaintiff

    • Name: Anita Ogletree
    • Filing date: April 9, 2020
    • State of filing: California

    Defendant

    • Name: The Bouqs Company
    • Website: www.bouqs.com
    • Industry: Consumer Goods
    • Summary: The Bouqs Company is an online floral delivery service allowing customers to browse, select, and purchase flowers, arrangements, plants, gifts, and accessories for delivery.

    Case Summary

    On April 9, 2020, Anita Ogletree filed a Complaint in California State court against The Bouqs Company. Plaintiff Anita Ogletree alleges that www.bouqs.com is not accessible per the WCAG 2.0 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Missing alternative text which presents a problem because an image without alternative text results in an empty link. Alternative Text is invisible code embedded beneath a graphical image on a website. Web accessibility requires that Alternative Text be coded with each picture 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 pop-up when the mouse moves over the picture. The lack of Alternative Text on these graphics prevents screen readers from accurately vocalizing a description of the graphics;
    • Spacer image missing alternative text which presents a problem because a layout spacer image does not have an alt attribute. Spacer images are used to maintain layout. They do not convey content and should be given null/empty alternative text so they are not presented to users and are ignored by screen readers; and
    • Empty links which present a problem because a link contains no text. If a link contains no text, the function or purpose of the link will not be presented to the user. This can introduce confusion for keyboard and screen reader users. 

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

    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, https://www.bouqs.co/, readily accessible to and usable by visuallyimpaired 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.

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