Plaintiff
- Name: Tom Brown Sofia Montano
- Filing date: May 6, 2020
- State of filing: Pennsylvania
Defendant
- Name: 1st Phorm International , LLC
- Website: www.1stphorm.com
- Industry: Consumer Goods
- Summary: 1st Phorm International is in the premier supplement line in the industry.
Case Summary
On May 6, 2020, Tom Brown Sofia Montano filed a Complaint in Pennsylvania Federal court against 1st Phorm International , LLC . Plaintiff Tom Brown Sofia Montano alleges that www.1stphorm.com is not accessible.
Case Details
Plaintiff alleges issues in its Complaint including the following:
- Defendant’s Website is so constructed that the promotional pop-up is not announced to screen reader users.
- The product overview video included on Defendant’s Website, in which the founder explains key details about the company, does not have captions or a text alternative.
- Elements throughout Defendant’s Website are not labeled.
Plaintiff asserts the following cause(s) of action in its Complaint:
- Title III of the ADA, 42 U.S.C. § 12181 et seq
Plaintiff seeks the following relief by way of its Complaint:
- 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 was 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 them to remain fully in compliance with the law—the specific injunctive relief requested by Plaintiffs is described more fully in paragraph 11 above.
- Payment of actual, statutory, and punitive damages, as the Court deems proper
- Payment of costs of suit; (E) Payment of reasonable attorneys’ fees, pursuant to 42 U.S.C. § 12205 and 28 CFR