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Please be advised that this firm represents Mr. Andres Gomez. This in connection with Mr. Gomez’s attempts to use and interact with the website XXXXXXXXXXXXXXX (“Website”) and associated digital platforms. Specifically, Mr. Gomez is a visually impaired consumer who attempted to avail himself of the goods and services on the Website, which are publicly available to users, and provide such services as details about the XXXXXX on sale and XXXXXXXXXXXXXXXX itself, location and contact information, information about rates and availability deals and offer the ability to buy XXXXX without any ambiguity as to the amenities that would be available to the patrons. In addition, the Website outlines the privacy policies governing their use and represent several ways a consumer can protect themselves and their valuable personal information. Mr. Gomez, and other impaired users, employ a variety of accessibility software, including Talkback, to access the internet and consume website content using his computer as well as websites and applications on mobile devices (“Accessibility Software”).

Mr. Gomez visited the Website in Month and Month Year with the intent to view the XXXXX, to check the XXXXX prices, special offers and promotions. When Mr. Gomez attempted to navigate the Website, Mr. Gomez encountered numerous accessibility design faults that prevented him from navigating the site successfully using SRS. Investigation into his experience revealed barriers, including, but not limited to:

  1. Images on the website lack a text equivalent readable by SRS.
  2. The website contains script elements that are not identified with functional text readable by SRS.

These inaccessible elements rendered the ostensibly “accessible” elements inaccessible as a result of difficulty and confusion navigating the numerous inaccessible elements. Under the Americans with Disabilities Act (“ADA”), it is an act of discrimination to fail to ensure that the privileges, advantages, accommodations, facilities, goods and services of any public place of public accommodation is offered on a full and equal basis by anyone who owns, leases, or operates a place of public accommodation. See: 42 U.S.C 12182 (a). Additionally, the Unruh Civil Rights Act (“Unruh”) provides that a violation of the ADA is a violation of the Unruh Act. Cal. Civ. Code 51(f). Due to the failure to construct and operate the Website in line with industry standards, Mr. Gomez has ben denied equal access to XXXXXXXX. XXXXXXXXXXXXXX and the various services, privileges, opportunities, and benefits offered to the public by XXXXXXXXXXXXXXXX.

Pursuant to the arbitration clause located on the Website, XXXXXXXXXXXXXXXXX, we are providing XXXXXXXXXXXXX notice of this dispute and seek to resolve the issue without need for further action. Attached is the [proposed] Complaint we intend to file Arbitration should it be necessary. The arbitration clause does not specify an arbitration company or rules by which proceedings shall be governed. We would like propose arbitration through JAWS using the Streamlined Arbitration Rules & Procedures (XXXXXXXXXXXXXXXXXXX). The attached [proposed] Complaint outlines the specific cause of action we intend to bring and remedies sought arbitration. If no response is received to this attempt to confer on an agreed upon arbitration company, within 30 days, we will seek commence arbitration according to JAMS Streamlined Rule 5(iv), “The Respondet’s failure to timely object to JAMS a administration where the Parties’ Arbitration Agreement does not specify JAMS administration or JAMS Rules”

In order to resolve and dispense with the need of further resolution, Mr. Gomez herby demands that XXXXXXXXXXXXX remedy this violation of law by correcting, repairing, replacing or otherwise rectifying the Websites defects and make them accessible to visually impaired users to compliance with the ADA and Unruh. Specifically, Mr. Gomez demands that XXXXXXXXXXXXXXXXXXX rake the following actions:

  1. Identify errors on the Website which render them incompatible with accessibility software;
  2. Bring the Website into compliance with WCAG 2.0 A/AA standards and agree to conduct accessibility assessments every 6 months;
  3. Cease to engage in the methods, act or practices outlined in this letter and in the attached [proposed] Complaint.

Also note, the property owner or tenant, or both may be civilly liable for actual and statutory damages for a violation of a construction-related accessibility requirement. Cal. Civ. Code 55.31(b)(1)

We are contacting you prior to submitting the demand to arbitrate or filing the complaint in court, in an attempt to informally negotiate, in good faith, a resolution of this dispute. We would like to try to resolve this dispute before litigation and/or arbitration if possible. In the event that you wish to pursue prearbitration/prelitigation mediation, or simply discuss ways of resolving the dispute, please contact me as soon as possible. In the event that you do not respond, we will submit a formal request for arbitration or file a civil complaint, with an understanding that XXXXXXXXXX does not wish to negotiate early resolution of these claims.

Please feel free to contact me at the above number or email address. Thank you in advance for your attention to this matter.


Chris Carson, Esq.