- Name: Rusty Rendon
- Filing date: January 4, 2021
- State of filing: California
- Name: NUFIT Media Inc.
- Website: www.caredash.com
- Industry: Medical
- Summary: NUFIT Media Inc., doing business as Care Dash, operates a doctor and medical provider review platform online.
On January 4, 2021, Rusty Rendon filed a Complaint in California State court against NUFIT Media Inc. . Plaintiff Rusty Rendon alleges that www.caredash.com is not accessible per the WCAG 2.0 accessibility standard(s).
Plaintiff alleges issues in its Complaint including the following:
- Empty or missing form labels which presents a problem because, if a form control does not have a properly associated text label, the function or purpose of that form control may not be presented to screen reader users. Form labels provide visible descriptions and larger clickable targets for form controls;
- Broken ARIA references, which presents a problem because an aria-labelled by or aria- described by reference exists, but the target for the reference does not exist. ARIA labels and descriptions will not be presented if the element referenced does not exist in the page;
- Empty links which present a problem because a link contains no text. If a link contains no text, the function or purpose of the link will not be presented to the user. This can introduce confusion for keyboard and screen reader users; and
- Redundant Links where adjacent links go to the same URL address which results in additional navigation and repetition for keyboard and screen reader users.
Plaintiff asserts the following cause(s) of action in its Complaint:
Violations of the Unruh Civil Rights Act, California Civil Code § 51 et seq.
Plaintiff seeks the following relief by way of its Complaint:
- For a judgment that Defendant violated Plaintiff’s rights under the Unruh Civil Rights Act, California Civil Code § 51 et seq.
- For a preliminary and permanent injunction requiring Defendant to take the steps necessary to make the Website readily accessible to and usable by visually impaired individuals; but Plaintiff hereby expressly limits the injunctive relief to require that Defendant expend no more $20,000 as the cost of injunctive relief
- An award of statutory minimum damages of $4,000 per violation pursuant to section 52(a) of the California Civil Code; however, Plaintiff expressly limits the total amount of recovery, including statutory damages, attorneys’ fees and costs, and cost of injunctive relief not to exceed $74,999
- For attorneys’ fees and expenses pursuant to all applicable laws including, without limitation, California Civil Code § 52(a); however, Plaintiff expressly limits the total amount of recovery, including statutory damages, attorneys’ fees and costs, and cost of injunctive relief not to exceed $74,999
- For pre-judgment interest to the extent permitted by law
- For costs of suit
- For such other and further relief as the Court deems just and proper.