Plaintiff
- Name: Sheila Biglang-Awa
- Filing date: July 18, 2019
- State of filing: California
Defendant
- Name: Brunello Cucinelli USA Retail LLC
- Website: shop.brunellocucinelli.com/en-us/
- Industry: Apparel
- Summary: Brunello Cucinelli USA Retail LLC is an Italian luxury fashion brand which sells menswear, women's wear and accessories.
Case Summary
On July 18, 2019, Sheila Biglang-Awa filed a Complaint in California State court against Brunello Cucinelli USA Retail LLC. Plaintiff Sheila Biglang-Awa alleges that shop.brunellocucinelli.com/en-us/ 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").
- Plaintiff encountered multiple unlabeled or mislabeled buttons and links.
- Plaintiff encountered multiple pages containing insufficient navigational headings requiring Plaintiff to expend substantial additional time to access information
- Plaintiff was unable to sign up for the newsletter because of an inaccessible signup system
- 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:
- Violation of 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 ofthis 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 visuawy-impaired individuals in violation of California's Unruh Act, California Civil Code $ 51, er seq
- A preliminary and permanent injunction enjoining Defendant from further violations ofthe UCRA, Civil Code II 51 er seq. with respect to "shop.burnellocucinelli.com/en-us/."
- A preliminary and permanent injunction requiring Defendant to take the steps necessary to make shop.burnellocucinelli.com/en-us/ readily accessible to and usable by blind and visuallyimpaired individuals but Plaintiff hereby expressly limits the injunctive reliefto require that Defendant expend no more than $50,000 thereon
- An award of statutory minimum statutory damages of not less than $4,000 per violation pursuant to tj 52(a} ofthe 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 5 Cal, E.D. 2016)
- For attorneys'ees and expenses pursuant to all applicable laws including, without limitation, Civil Code $ 52(a)
- For pre-judgment interest to the extent permitted by law
- For costs ofsuit
- For such other and further relief as this Court deems just and proper
