COTTO v. TOM N TOMS USA, INC.

    Plaintiff

    • Name: Cesar Cotto
    • Filing date: December 26, 2019
    • State of filing: California

    Defendant

    • Name: Tom N Toms USA, Inc.
    • Website: www.en.tomntoms.com/html/eng/
    • Industry: Hotel, Restaurant and Leisure
    • Summary: Tom N Toms is a chain of bagel and coffee restaurants in Southern California.

    Case Summary

    On December 26, 2019, Cesar Cotto filed a Complaint in California State court against Tom N Toms USA, Inc.. Plaintiff Cesar Cotto alleges that www.en.tomntoms.com/html/eng/ is not accessible per the WCAG 2.0, Section 508 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

     

    • The home page has graphics, links, and buttons that are not labeled or are incorrectly labeled, or lack alternative text ("Alt-text");
    • Multiple unlabeled or mislabeled buttons and links. Without descriptive alternate text, Screen reader users, have no clue about the purpose or function of the button or link;
    • Multiple pages containing insufficient navigational headings requiring Plaintiff to expend substantial additional time to access information;
    • Unable to browse the menu because menu links and descriptions were inaccessible to screen reading technology;
    • Plaintiff encountered links that would recite "ko" before designated alttext, confusing client when he navigated the Website.

     

    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:

    • A Declaratory Judgment that at the commencement of this action Defendant owns, maintains, and/or operates its Website in a manner which discriminates against the blind, fails to provide access to blind or visually-impaired individuals, and that Defendant took no action that was reasonably calculated to ensure that its Website is fully accessible to, and independently usable by blind and visually-impaired individuals in violation of California's Unruh Act, California CivilCode Section 51, et seq;
    • A preliminary and permanent injunction enjoining Defendant from further violations of the UCRA, Civil Code Section 51 et seq. with respect to the website.
    • A preliminary and permanent injunction requiring Defendant to take the steps necessary to make the website readily accessible to and usable by blind and visually-impaired individuals but Plaintiff hereby expressly limits the injunctive relief to require that Defendant expend no more than $ 50,000 thereon;
    • An award of statutory minimum statutory damages of not less than $4,000 per violation pursuant to Section 52(a) of the California Civil Code;
    • 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);
    • For attorneys' fees and expenses pursuant to all applicable laws including,without limitation, Civil Code Section 52(a);
    • For pre-judgment interest to the extent permitted by law;
    • For costs of suit; and,
    • For such other and further relief as this Court deems just and proper.

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