Plaintiff
- Name: Elia Haggar, Kyo Hak Chu, Valerie Brooks
- Filing date: February 27, 2019
- State of filing: California
Defendant
- Name: KMart Corporation
- Website: www.kmart.com
- Industry: Apparel
- Summary: KMart Corporation owns and operates a number of brick and mortar retail stores, in addition to a website, selling an array of apparel, footwear, jewelry, sporting goods, grocery items, electronics, appliances, tools and supplies, books, magazines, pet supplies, bags, accessories, home décor, furniture, toys, tires and automotive accessories, office supplies, health and beauty products, craft and hobbies, pharmacy services, product leasing, layaway and money services.
Case Summary
On February 27, 2019, Elia Haggar, Kyo Hak Chu, Valerie Brooks filed a Complaint in California Federal court against KMart Corporation. Plaintiff Elia Haggar, Kyo Hak Chu, Valerie Brooks alleges that www.kmart.com is not accessible per the WCAG 2.0, WCAG 2.1 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
- Lack of Alternative Text (“alt-text”), or a text equivalent. Alt-text is invisible code embedded beneath a graphic or image on a website that is read to a user by a screen-reader. For graphics or images to be fully accessible for screen-reader users, it requires that alt-text be coded with each graphic or image so that screen-reading software can speak the alt-text to describe the graphic or image where a sighted user would just see the graphic or image. Alt-text does not change the visual presentation, but instead a text box shows when the cursor hovers over the graphic or image. The lack of alt-text on graphics and images prevents screen-readers from accurately vocalizing a description of the image or graphic. As a result, Plaintiffs and Class Members who are blind and visuallyimpaired customers are unable to access the Defendants store locator, explore an array of health and beauty products, bed and bath, home décor, furniture, grocery items, electronics, appliances, apparel, footwear, find information about credit cards, gift cards, weekly advertisements, pharmacy services, money services, or complete any purchases.
- Empty Links that contain No Text causing the function or purpose of the link to not be presented to the user. This can introduce confusion for keyboard and screen-reader users;
- Redundant Links where adjacent links go to the same URL address which results in additional navigation and repetition for keyboard and screen-reader users;
- Linked Images missing alt-text, which causes problems if an image within a link does not contain any descriptive text and that image does not have alt-text. A screen reader then has no content to present the user as to the function of the link, including information or links for and contained in PDFs.
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:
- For an Order certifying the Nationwide Class and California Class as defined herein and appointing Plaintiffs and his Counsel to represent the Nationwide Class and the California Class;
- A preliminary and permanent injunction pursuant to 42 U.S.C. § 12188(a)(1) and (2) and section 52.1 of the California Civil Code enjoining Defendant from violating the Unruh Civil Rights Act and ADA and requiring Defendant to take the steps necessary to make https://www.kmart.com/ readily accessible to and usable by visuallyimpaired individuals;
- An award of statutory minimum damages of $4,000 per offense per person pursuant to section 52(a) of the California Civil Code.
- For attorneys’ fees and expenses pursuant to California Civil Code §§ 52(a), 52.1(h), and 42 U.S.C. § 12205;
- For pre-judgment interest to the extent permitted by law;
- For costs of suit;
- For such other and further relief as the Court deems just and proper.
