Gomez v. Bank Ozk

Summary

On January 23, 2019, Andres Gomez filed a Complaint in Florida Federal court against Bank OZK. Plaintiff Andres Gomez alleges that www.ozk.com is not accessible per the WCAG 2.0 accessibility standard(s).

About the defendant

Bank OZK is a regional bank offering personal banking and account services.

What the complaint says

The problems the plaintiff describes with the website.

• Website did not integrate with screen reader software used by visually impaired individuals

Legal claims

The laws the plaintiff says the defendant broke, called causes of action.

• Title III of the Americans with Disabilities Act, 42 U.S.C. § 12181 et seq.

What the plaintiff asks for

What the plaintiff wants the court to order.

• A Declaratory Judgment that at the commencement of this action Defendant is in violation of the specific requirements of Title III of the ADA, described above, and the relevant implementing regulations of the ADA, in that Defendant took no action that was reasonably calculated to ensure that its website was fully accessible to, and independently usable by, blind individuals;
• A permanent injunction pursuant to 42 U.S.C. § 12188(a)(2), 29 U.S.C.A. § 794a, 28 CFR § 36.504 (a), and 29 U.S.C.A. § 794a which directs Defendant to take all steps necessary to bring their website into full compliance with the requirements set forth in the ADA and that statute’s implementing regulations, so that its website is fully accessible to, and independently usable by, blind individuals, and which further directs that the Court shall retain jurisdiction for a period to be determined to ensure that Defendant has adopted and are following an institutional policy that will in fact cause Defendant to remain fully in compliance with the law
• An Order certifying the class proposed by Plaintiff, and naming Plaintiff as class representatives and appointing his counsel as class counsel
• Payment of attorneys' fees and costs incurred in this lawsuit
• Payment of reasonable attorneys' fees, pursuant to 42 U.S.C. § 12205, 29 U.S.C.A. § 794a, and 28 CFR § 36.505
• Whatever other relief the Court deems just, equitable and appropriate.