PERLA MAGENO v. MATTRESS BY APPOINTMENT OF GREENVILLE LLC

    Plaintiff

    • Name: Mageno Perla
    • Filing date: February 14, 2019
    • State of filing: California

    Defendant

    • Name: Mattress By Appointment of Greenville LLC
    • Website: www.mattressbyappointment.com
    • Industry: Consumer Goods
    • Summary: Mattress By Appointment of Greenville LLC sells mattresses at retail stores and via its website.

    Case Summary

    On February 14, 2019, Mageno Perla filed a Complaint in California State court against Mattress By Appointment of Greenville LLC. Plaintiff Mageno Perla alleges that www.mattressbyappointment.com is not accessible per the WCAG 2.0, Section 508 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • The home page has graphics, links, and buttons that are not labeled or are incorrectly labeled, or lack alternative text ("Alt-text");
    • Multiple unlabeled or mislabeled buttons and links;
    • Multiple pages containing unlabeled graphics, links, and buttons while navigating the Website;
    • Multiple pages containing insufficient navigational headings requiring Plaintiff to expend substantial additional 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:

    Unruh Civil Rights Act, California Civil Code § 51 et seq. 

    Plaintiff seeks the following relief by way of its Complaint:

    • Declaratory Judgment that at the commencement of this action Defendant owns, maintains, and/or operates its Website in a manner which discriminates against the blind, fails to provide access to blind or visually-impaired individuals, and that Defendant took no action that was reasonably calculated to ensure that its Website is fully accessible to, and independently usable by blind and visually impaired individuals in violation of California's Unruh Act, California CivilCode Section 51, et seq;
    • A preliminary and permanent injunction enjoining Defendant from further violations of the UCRA, CivilCode Section 51 et seq. with respect to its website "mattressbyappointment.com"
    • A preliminary and permanent injunction requiring Defendant to take the steps necessary to make mattressbyappointment.corn readily accessible to and usable by blind and visually impaired individuals but Plaintiffhereby expressly limits the injunctive relief to require that Defendant expend no more than $ 50,000 thereon;
    • Statutory minimum statutory damages of not less than $ 4,000 per violation pursuant to Section 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'ees and expenses pursuant to all applicable laws;
    • 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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