DELGADILLO v. VARSANO'S CHOCOLATE, INC.

    Plaintiff

    • Name: Desmond Delgadillo
    • Filing date: April 5, 2019
    • State of filing: New York

    Defendant

    • Name: Varsano's Chocolate, Inc.
    • Website: www.varsonos.com
    • Industry: Food Products
    • Summary: Varsano's Chocolate, Inc. produces and sells luxury chocolates and candies at its New York City store and via its website.

    Case Summary

    On April 5, 2019, Desmond Delgadillo filed a Complaint in New York Federal court against Varsano's Chocolate, Inc.. Plaintiff Desmond Delgadillo alleges that www.varsonos.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 him from navigating the website.
    • Cursor trap that preventing him navigation from the
      website.
    • Multiple pages that contained insufficient navigational headings, requiring Plaintiff to expend substantial amount of time to access information.
    • Unable to make a purchase because of an inaccessible checkout system.

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

    • Americans with Disabilities Act, 42 U.S.C. § 12181 et seq. 
    • 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 Defendants from further violations of the UCRA, Civil Code §§ 51, et seq., with respect to their Website, and urls contained therein;
    • A preliminary and permanent injunction requiring Defendants to take the steps necessary to make their Website readily and fully 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);
    • Attorneys’ fees and expenses pursuant to all applicable laws including, without limitation, pursuant to California Civil Code § 52(a);
    • Pre-judgment interest to the extent permitted by law;
    • Costs of suit; and
    • Such other and further relief as this Court deems just and proper.

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