THURSTON v. HAYDEN GIRLS, INC.

On December 2, 2019, Cheryl Thurston filed a Complaint in California State court against Hayden Girls Inc..

Plaintiff Cheryl Thurston alleges that www.haydengirls.com is not accessible per the WCAG 2.0 accessibility standard(s).

Hayden Girls Inc. manufactures apparel for tween girls and sells such via its website. Hayden Girls Inc. is in the Apparel industry.

In the Complaint, Plaintiff notes the following issues with Defendant’s website, including:

  • Empty or missing form labels which presents a problem because, if a form control does not have a properly associated text label, the function or purpose of that form control may not be presented to screen reader users.
  • Empty buttons, which means that a button is empty or has no value text.
  •  Broken ARIA references. 

Plaintiff Cheryl Thurston asserts the following cause(s) of action against Defendant Hayden Girls Inc. in its Complaint:

Unruh Civil Rights Act, California Civil Code § 51 et seq.

Plaintiff Cheryl Thurston 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 readily accessible to and usable by visually impaired 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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