SHEILA BIGLANG-AWA v. G-STAR RAW ESTORE INC.

    Plaintiff

    • Name: Sheila Biglang-Awa
    • Filing date: July 29, 2019
    • State of filing: California

    Defendant

    • Name: G-Star Raw EStore Inc.
    • Website: www.g-star.com/en_us
    • Industry: Apparel
    • Summary: G-Star Raw EStore Inc. is a Dutch designer denim and clothing company.

    Case Summary

    On July 29, 2019, Sheila Biglang-Awa filed a Complaint in California State court against G-Star Raw EStore Inc. . Plaintiff Sheila Biglang-Awa alleges that www.g-star.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 gmphics, 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 promotions because the promotions link was inaccessible to to screen reading technology
    • Plaintiff was unable to make a purchase because of an inaccessible checkout system
    • Plaintiff was unable to find a brick-and-mortar location because the locations link was inaccessible to screen reading technology

    Plaintiff asserts the following cause(s) of action in its Complaint:

    • Violation of the 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 visually-impaired individuals in violation of California's Unruh Act, California CivilCode 51, et seq
    • A preliminary and permanent injunction enjoining Defendant from further violations ofthe UCRA, Civil Code 51 et seq. with respect to "www.g-star.com/en_us." 
    • A preliminary and permanent injunction requiring Defendant to take the steps necessary to make www.g-star.com/en_us readily accessible to and usable by blind and visually-impaired individuals but Plaintiff hereby expressly limits the Injunctive relief to require that Defendant expend no more than $ 50,000 thereon
    • An award ofstatutory minimum statutory damages ofnot less than $4,000 per violation pursuant to 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 Cal, E.D. 2016)
    • For attorneys' fees and expenses pursuant to all applicable laws including, without limitation, CivilCode 52(a);
    • For pre-judgment interest to the extent permitted by law
    • For costs of suit
    • For such other and further relief as this Court deems just and proper

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