- Name: CESAR COTTO
- Filing date: January 31, 2019
- State of filing: California
- Name: AMERICA'S BEST CONTACTS & EYEGLASSES, INC.
- Website: www.americasbest.com
- Industry: Consumer Goods
- Summary: Website related to brick and mortar store locations providing photos and descriptions for eyeglasses/eyewear and also providing online ordering and eye exam scheduling
On January 31, 2019, CESAR COTTO filed a Complaint in California State court against AMERICA'S BEST CONTACTS & EYEGLASSES, INC. . Plaintiff CESAR COTTO alleges that www.americasbest.com is not accessible per the WCAG 2.0, Section 508 accessibility standard(s).
Plaintiff alleges issues in its Complaint including the following:
Graphics, links & buttons that are not labeled, incorrectly labeled or lack alternative text
Plaintiff asserts the following cause(s) of action in its Complaint:
- VIOLATIONOF THE UCRA CIVILRIGHTS ACT, CALIFORNIACIVILCODE 8 51 et seq.
Plaintiff seeks the following relief by way of its Complaint:
1. A Declaratory Judgment that at the commencement ofthis action Defendant owns, maintains, and/or operates its Website in a manner v'hich discriminates against the blind, fails to 18 provide access to blind or visually-impaired individuals, and that Defendant took no action that was 19 reasonably calculated to ensure that its Website is fullyaccessible to, and independently usable by 20 blind and visually impaired individuals in violation ofCalifornia's Unruh Act, California Civil Code 21 fJ 51, et seq;
2. A preliminary and permanent injunction enjoining Defendant from further violations ofthe UCRA, CivilCode fJ 51 et seq. with respect to its website "www.americasbest.com."
3. A preliminary and permanent injunction requiring Defendant to take the steps necessary to make www.americasbest.corn readily accessible to and usable by blind and visuallyimpaired individuals but Plaintiffhereby expressly limitsthe injunctive reliefto require that Defendant expend no more than $ 50,000 thereon:
4. An award ofstatutory minimum statutory damages ofnot less than $4,000 per COMPLAIlvtT 16 violation pursuant to to 52(a) ofthe California Civil Code;
5. An additional award of $4.,000.00 as deterrence damages for each violation pursuant to Johnson v. Guedoir, 218 F. Supp. 3d 1096; 2016 U.S. Dist. LEXIS 150740 (USDC Cal, E.D. 2016);
6. For attorneys'ees and expenses pursuant to all applicable laws including, without limitation, CivilCode ) 52(a);
7. For pre-judgment interest to the extent permitted by law; 8. For costs ofsuit; and, 9. For such other and further relief as this Court deems just and proper.