PRICE v. CH MOTORS, LLC

    Plaintiff

    • Name: Joel Price
    • Filing date: January 7, 2019
    • State of filing: Florida

    Defendant

    • Name: CH Motors, LLC
    • Website: www.cogginhondajacksonville.com
    • Industry: Automobile
    • Summary: CH Motors, LLC is a used car dealer specializing primarily in used cars sales.

    Case Summary

    On January 7, 2019, Joel Price filed a Complaint in Florida Federal court against CH Motors, LLC. Plaintiff Joel Price alleges that www.cogginhondajacksonville.com is not accessible.

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • When Plaintiff tried to interact and engage the Defendant through its Website, he encountered a Website that was not designed with accessibility (for the disabled) in mind.
    • Defendant’s Website is not designed with consideration for Universal design and is inaccessible to screen reader software
    • Defendant's website prevented Plaintiff from being able to learn about Defendant’s inventory of new and used automobiles, apply for an automobile loan and become pre-approved prior to coming to the dealership, schedule an on-line chat regarding automobiles for sale and/or schedule automobile service or repair

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

    • Violations of The Americans With Disabilities Act

    Plaintiff seeks the following relief by way of its Complaint:

    • The Court issue a declaratory judgment that Defendant has violated Plaintiff’s rights as guaranteed by the ADA
    • The Court enter an Order requiring Defendant to update its www.cogginhondajacksonville.com website to remove barriers in order that individuals with visual disabilities can access the Website and effectively communicate with the Website to the full extent required by Title III of the ADA
    • The Court enter an Order requiring Defendant to clearly display the universal disabled logo9 and sign of website accessibility within its Website. Such a clear display is to ensure that individuals who are disabled are aware of the availability of the accessible features of the www.cogginhondajacksonville.com website
    • The Court enter an Order to compel Defendant to contract with an independent ADA expert/consultant for the purposes of that ADA expert/consultant review Defendant’s policies, practices and procedures for five years commencing from the date of the Court’s Order to insure that Defendant is in compliance with the ADA
    • The Court enter an order requiring Defendant to provide ongoing support for web accessibility by implementing a website accessibility coordinator, a website application accessibility policy, and providing for website accessibility feedback to insure compliance thereto
    • The Court enter an Order directing Defendant to evaluate its policies, practices and procedures toward persons with disabilities, for such reasonable time so as to allow Defendant to undertake and complete corrective procedures to the Website
    • The Court award damages in an amount to be determined at trial
    • The Court to award Plaintiff reasonable litigation expenses and attorneys’ fees
    • That the Court award such other and further relief as it deems necessary, just and proper

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