COTA v. ITALIANTOUCH USA, INC.

    Plaintiff

    • Name: Julissa Cota
    • Filing date: January 27, 2021
    • State of filing: California

    Defendant

    • Name: Italiantouch USA, Inc.
    • Website: www.tods.com
    • Industry: Apparel
    • Summary: Tod's manufactures and sells leather bags, shoes, apparel, and accessories at retail and via its website.

    Case Summary

    On January 27, 2021, Julissa Cota filed a Complaint in California Federal court against Italiantouch USA, Inc.. Plaintiff Julissa Cota alleges that www.tods.com is not accessible per the 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, Plaintiff and Class Members who are blind and visually impaired customers are unable to shop and access Italian luxury shoes, bags, and accessories. Consumers are also unable to access information about women’s apparel, men’s apparel, sale items, Defendant’s heritage, projects, boutique concepts, and the no_code collection. Further, Consumers cannot access information regarding Defendant’s newsletter, complimentary shipping and gift wrapping, personalized accounts, Defendant’s contact information, store locations, payment methods, premium services, order tracking, returns, Defendant’s social media webpages, 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;
    • RedundantLinkswhereadjacentlinksgotothesameURLaddress which results in additional navigation and repetition for keyboard and screen-reader users; and
    • LinkedImagesmissingalt-text,whichcausesproblemsifanimage 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:

    • VIOLATIONS OF THE AMERICANS WITH DISABILITIES ACT OF 1990, 42 U.S.C. §12181
    • VIOLATIONS OF THE UNRUH CIVIL RIGHTS ACT

    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 Plaintiff and her 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 the website readily accessible to and usable by visually impaired 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.

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