DELGADILLO v. F.P.H. SALES CORP.

    Plaintiff

    • Name: Desmond Delgadillo
    • Filing date: July 29, 2019
    • State of filing: New York

    Defendant

    • Name: F.P.H. Sales Corp.
    • Website: www.fountainpenhospital.com
    • Industry: Consumer Goods
    • Summary: F.P.H. Sales Corp. offers the world's largest selection of quality pens from around the world.

    Case Summary

    On July 29, 2019, Desmond Delgadillo filed a Complaint in New York Federal court against F.P.H. Sales Corp.. Plaintiff Desmond Delgadillo alleges that www.fountainpenhospital.com is not accessible.

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Unlabeled buttons and links prevented him from navigating the website.
    • At least one cursor trap that prevented him from navigating the website
    • Multiple pages that contained insufficient navigational headings
    • Plaintiff was unable to make a purchase because of an inaccessible checkout system

    Plaintiff asserts the following cause(s) of action in its Complaint:

    • Violations of the Americans with Disabilities Act
    • Violation of the Unruh Civil Rights Act, California Civil Code §51 et seq

    Plaintiff seeks the following relief by way of its Complaint:

    • A preliminary and permanent injunction enjoining Defendant from violating the UCRA, Civil Code § 51 et seq , with respect to its website
    • A preliminary and permanent injunction requiring Defendant to take the steps necessary to make its website readily accessible to and usable by blind and visually-impaired individuals
    • An award of statutory minimum damages of $4,000 per violation pursuant to § 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, pursuant to California Civil Code § 52(a)
    • For prejudgment interest to the extent permitted by law
    • For costs of suit
    • For such other and further relief as this Court deems just and proper.

    Comments