COTA v. O’NEILL WETSUITS, L.L.C.

    Plaintiff

    • Name: Julissa Cota
    • Filing date: June 23, 2020
    • State of filing: California

    Defendant

    • Name: O'Neill Wetsuits, L.L.C.
    • Website: us.oneill.com
    • Industry: Apparel
    • Summary: O'Neill manufactures and sells surfwear, wetsuits, casual apparel, and surfing gear and accessories at retail stores and via its website.

    Case Summary

    On June 23, 2020, Julissa Cota filed a Complaint in California Federal court against O'Neill Wetsuits, L.L.C.. Plaintiff Julissa Cota alleges that us.oneill.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.
    • Empty Links That Contain No Text causing the function or purpose of the link to not be presented to the user. 
    • Redundant Links where adjacent links go to the same URL address which results in additional navigation and repetition for keyboard and screen-reader users; and
    • Linked Images Missing Alt-text, which causes problems if an image within a link contains no text and that image does not provide alt-text.

    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 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 us.oneill.com/ 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; and;
    • For such other and further relief as the Court deems just and proper.

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