Plaintiff
- Name: Brett Desalvo
- Filing date: November 26, 2019
- State of filing: California
Defendant
- Name: Lindt and Sprungli USA Inc.
- Website: www.lindtusa.com
- Industry: Food Products
- Summary: Lindt & Sprüngli, more commonly known as Lindt, is a Swiss chocolatier and confectionery company.
Case Summary
On November 26, 2019, Brett Desalvo filed a Complaint in California Federal court against Lindt and Sprungli USA Inc.. Plaintiff Brett Desalvo alleges that www.lindtusa.com is not accessible per the WCAG 2.0, WCAG 2.1 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
- Lack of Alternative Text
- Empty Links That Contain No Text
- Redundant Links
- Linked Images Missing Alt-text
Plaintiff asserts the following cause(s) of action in its Complaint:
- Violations of the Americans With Disabilities Act, 42 U.S.C. § 12181 et seq.
- Violations of the Unruh Civil Rights Act, California Civil Code § 51 et seq.
Plaintiff seeks the following relief by way of its Complaint:
- For an Order certifying the Nationwide Class and California Class as defined herein and appointing Plaintiff and his Counsel to represent the Nationwide Class and the California Class
- A preliminary and permanent injunction pursuant to 42 U.S.C. § 12188(a)(1) and (2) and section 52.1 of the California Civil Code enjoining Defendant from violating the Unruh Civil Rights Act and ADA and requiring Defendant to take the steps necessary to make www.lindtusa.com readily accessible to and usable by visually-impaired individuals
- An award of statutory minimum damages of $4,000 per offense per person pursuant to section 52(a) of the California Civil Code
- For attorneys’ fees and expenses pursuant to California Civil Code §§ 52(a), 52.1(h), and 42 U.S.C. § 12205
- 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
