REBECCA CASTILLO V. ZIP HAILEY, INC

    Plaintiff

    • Name: Rebecca Castilo
    • Filing date: April 30, 2019
    • State of filing: California

    Defendant

    • Name: Zip Hailey Inc.
    • Website: www.haileystore.com
    • Industry: Apparel
    • Summary: Zip Hailey Inc. owns and operates the Hailey Boutique in Arcadia, CA selling children's clothing and accessories.

    Case Summary

    On April 30, 2019, Rebecca Castilo filed a Complaint in California State court against Zip Hailey Inc.. Plaintiff Rebecca Castilo alleges that www.haileystore.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 insufficient navigational headings requiring Plaintiff to expend substantial additional time to access information:
    • Plaintiff was unable to browse products because product links and descriptions were inaccessible to screen reading technology;
    • Plaintiff was 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:

    • A 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 "haileystore.com.
    • A preliminary and permanent injunction requiring Defendant to take the steps necessary to make haileystore.com 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; 4. An award ofstatutory minimum statutory damages ofnot less than $4,000 per violation pursuant to ) 52(a) ofthe California CivilCode; 5. An additional award of $4,000.00 as deterrence damages for each violation pursuant to Johnson v. Guedoir, 2i8 F, Supp. 3d 1096; 2016 U.S. Dist.LEXIS 150740 (USDC Cal, E.D. 2016);
    • For attorneys' fees and expenses pursuant to all applicable laws including, without limitation, Civil Code Section 52(a);
    • For pre-judgment interest to the extent permitted by law;
    • For costs of suit; and,
    • For such other and further relief as this Court deems just and proper.

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