GOMEZ v. CAPITAL ONE FINANCIAL CORPORATION

    Plaintiff

    • Name: Andres Gomez
    • Filing date: January 23, 2019
    • State of filing: Florida

    Defendant

    • Name: Capital One Financial Corporation
    • Website: www.capitalone.com
    • Industry: Finance
    • Summary: Capital One Financial Corporation is a bank holding company specializing in credit cards, auto loans, banking, and savings accounts.

    Case Summary

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

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Website did not integrate with screen reader software

    Plaintiff asserts the following cause(s) of action in its Complaint:

    • Violation of Title III of the ADA, 42 USC 1281 et seq. 

    Plaintiff seeks the following relief by way of its Complaint:

    • 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 ofreasonable 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.

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