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.
