Plaintiff
- Name: Desmond Delgadillo
- Filing date: January 10, 2019
- State of filing: New York
Defendant
- Name: Jacques Torres Manufacturing, LLC
- Website: mrchocolate.com
- Industry: Food Products
- Summary: Jacques Torres Manufacturing, LLC is an online retailer of gourmet chocolates.
Case Summary
On January 10, 2019, Desmond Delgadillo filed a Complaint in New York Federal court against Jacques Torres Manufacturing, LLC. Plaintiff Desmond Delgadillo alleges that mrchocolate.com is not accessible per the WCAG 2.0 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
- Unlabeled buttons and links prevented navigation of the website
- At least one cursor trap that prevented navigation of the website
- Multiple pages that contained insufficient navigational headings
- Inability to make a reservation for an upcoming tour because of an inaccessible reservation system
Plaintiff asserts the following cause(s) of action in its Complaint:
- Violations of the ADA
- 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 visuallyimpaired 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
