Andres Gomez v. First Bancorp

Summary

On February 12, 2019, Andres Gomez filed a Complaint in Florida Federal court against First Bancorp. Plaintiff Andres Gomez alleges that www.1firstbank.com is not accessible.

About the defendant

First Bancorp offers banking services including checking accounts, savings accounts, loans, and finance products at brick and mortar retail bank locations and via its website.

What the complaint says

The problems the plaintiff describes with the website.

• Website did not accurately and sufficiently integrate with screen reader software.

Legal claims

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

• Americans with Disabilities Act, 42 U.S.C. § 12181 et seq.

What the plaintiff asks for

What the plaintiff wants the court to order.

• Declaratory Judgement that at the commencement of this action Defendants are 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 Websites are fully accessible to, and independently usable by, blind individuals;
• A permanent injunction pursuant to 42 U.S.C. § 12188(a)(2), 29 USCA § 794a, and 28 CFR § 36.504 (a) which directs Defendant to take all steps necessary to bring the Website into full compliance with the requirements set forth in the ADA, and implementing regulations, so that the 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 is following an institutional policy that will in fact cause Defendant to remain fully in compliance with the law;
• Order certifying the class proposed by Plaintiff, and naming Plaintiff as class representative, and appointing his counsel as class counsel;
• Attorneys' fees and costs incurred;
• Reasonable attorneys' fees, pursuant to 42 USC § 12205, 29 USCA § 794a and 28 CFR § 36.505;
• Whatever other relief the Court deems just, equitable, and appropriate.