SUCHENKO et al v. VITAL PHARMACEUTICALS, INC.

    Plaintiff

    • Name: Antoinette Suchenko Jared Charlap
    • Filing date: May 5, 2020
    • State of filing: Pennsylvania

    Defendant

    • Name: Vital Pharmaceuticals, Inc.
    • Website: www.bang-energey.com
    • Industry: Beverages
    • Summary: Bang is an American brand of energy drinks. It is made by Vital Pharmaceuticals, Inc., a corporation located in Florida.

    Case Summary

    On May 5, 2020, Antoinette Suchenko Jared Charlap filed a Complaint in Pennsylvania Federal court against Vital Pharmaceuticals, Inc. . Plaintiff Antoinette Suchenko Jared Charlap alleges that www.bang-energey.com is not accessible.

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Error messages are not announced during the checkout process.
    • The quick view button reveals a window that is not accessible 
    • Confirmation messages are not announced to screen reader users 

    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
    • 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 (see Gniewkowski v. Lettuce Entertain You Enterprises, Inc., Case No. 2:16-cv-01898-AJS (W.D. Pa. Jan. 11, 2018) (ECF 191) (“Plaintiffs, as the prevailing party, may file a fee petition before the Court surrenders jurisdiction. Pursuant to Pennsylvania v. Delaware Valley Citizens’ Council for Clean Air, 478 U.S. 546, 559 (1986), supplemented, 483 U.S. 711 (1987), the fee petition may include costs to monitor Defendant’s compliance with the permanent injunction.”); see also Access Now, Inc. v. Lax World, LLC, No. 1:17-cv-10976-DJC (D. Mass. Apr. 17, 2018) (ECF 11) (same)
    • The provision of whatever other relief the Court deems just, equitable and appropriate
    • An Order retaining jurisdiction over this case until Defendant has complied with the Court’s Orders.

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