Arnold Vargas v. Hims, Inc.

Summary

On April 30, 2019, Arnold Vargas filed a Complaint in Massachusetts Federal court against HIMS, Inc.. Plaintiff Arnold Vargas alleges that www.forhims.com is not accessible.

About the defendant

HIMS, Inc. makes and sells male sexual and health enhancements and related items.

What the complaint says

The problems the plaintiff describes with the website.

• The website is so constructed that visually impaired and low vision users will have difficulty discerning text.
• Promo Codes not announced.

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.

• A Declaratory Judgment that at the commencement of this action Defendant was 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 is fully accessible to, and independently usable by, individuals with visual disabilities;
• A permanent injunction pursuant to 42 U.S.C. § 12188(a)(2) and 28 CFR § 36.504(a) which directs Defendant to take all steps necessary to bring its Website into full compliance with the requirements set forth in the ADA, and its 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 is following an institutional policy that will in fact cause it to remain fully in compliance with the law—the specific injunctive relief requested by Plaintiff is described more fully in paragraph 11 above.
• A permanent injunction enjoining Defendant from continuing its retaliatory and coercive conduct;
• Payment of actual, statutory, and punitive damages, as the Court deems proper;
• Payment of costs of suit;
• Payment of reasonable attorneys’ fees, pursuant to 42 U.S.C. § 12205 and 28 CFR § 36.505, including costs of monitoring Defendant’s compliance with the judgment;
• The provision of whatever other relief the Court deems just, equitable and appropriate; and
• An Order retaining jurisdiction over this case until Defendant has complied with the Court’s Orders.