Livingston Bennett v. Fountain Pen Revolution LLC

Summary

According to the complaint, LIVINGSTON BENNETT, a visually impaired individual, is suing Fountain Pen Revolution LLC for failing to make its website, https://fprevolutionusa.com, accessible to blind users, violating the Americans with Disabilities Act (ADA). Bennett alleges that the website contains significant access barriers that prevent him and others from independently navigating and completing purchases. The complaint seeks a permanent injunction to require the defendant to make the website accessible, along with compensatory damages for the class of visually impaired individuals affected by these barriers.

About the defendant

Provides an array of goods and services including fountain pens, inks, nibs, feeds, and writing accessories for online purchase.

What the complaint says

The problems the plaintiff describes with the website.

• Website is inaccessible to visually impaired individuals
• Access barriers prevent independent navigation and purchasing
• Defendant failed to implement necessary accessibility features

Legal claims

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

• Violation of the Americans with Disabilities Act (ADA)

What the plaintiff asks for

What the plaintiff wants the court to order.

• Preliminary and permanent injunction to prohibit violations of the ADA
• Injunction requiring compliance with ADA
• Declaration of discrimination against visually impaired individuals
• Class action certification
• Pre- and post-judgment interest
• Award of costs and attorney fees

Proposed class

The group of people the plaintiff asks to represent, so the case can cover them too.

all legally blind individuals in the United States who have attempted to access the Website and as a result have been denied access to the enjoyment of goods and services offered by the Website, during the relevant statutory period