Plaintiff
- Name: Beatriz Gutierrez
- Filing date: March 1, 2019
- State of filing: California
Defendant
- Name: LVMH Watch & Jewelry USA, Inc.
- Website: www.tagheuer.com/en-us
- Industry: Consumer Goods
- Summary: LVMH is a French multinational luxury goods conglomerate headquartered in Paris. TAG Heuer S.A. is a Swiss luxury watchmaker that designs, manufactures and markets watches and fashion accessories, as well as eyewear and mobile phones manufactured under license by other companies and carrying the TAG Heuer brand name.
Case Summary
On March 1, 2019, Beatriz Gutierrez filed a Complaint in California State court against LVMH Watch & Jewelry USA, Inc.. Plaintiff Beatriz Gutierrez alleges that www.tagheuer.com/en-us is not accessible per the Section 508 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
- There are many important pictures on Defendants’ Website that lack a text equivalent. The lack of Alt-text on these graphics prevents screen readers from accurately vocalizing a description of the graphics.
- Defendants’ Website also lacks prompting information and accommodations necessary to allow visually impaired shoppers who use screen readers to locate and accurately fill-out online information.
- Defendants’ Website also includes numerous instances of empty links, labels and/or headings which prevent visually-impaired individuals from recognizing the function or purposes of links, labels and/or headings contained in the Website.
- There are several occurrences where functions cannot be performed using a keyboard and screen reader.
Plaintiff asserts the following cause(s) of action in its Complaint:
- Violation of Unruh Civil Rights Act (California Civil Code §§ 51, 52, et seq.)
Plaintiff seeks the following relief by way of its Complaint:
- A preliminary and permanent injunction enjoining Defendants from further violations of the UCRA, Civil Code §§ 51, et seq., with respect to their Website,
https://www.tagheuer.com/en-us and all of the webpages and urls contained therein - A preliminary and permanent injunction requiring Defendants to take the steps necessary to make their Website readily and fully accessible to and usable by blind and visuallyimpaired individuals. Plaintiff expressly limits the cost of injunctive relief sought in sections A and B to $15,000 or less
- An award of statutory minimum damages of $4,000 per violation pursuant to § 52(a) of the California Civil Code
- For attorneys’ fees and expenses pursuant to all applicable laws including, without limitation, pursuant to California Civil Code § 52(a)
- For pre-judgment interest to the extent permitted by law
- For costs of suit
- For such other and further relief as this Court deems just and proper
