Chip Cooper's Website Law Alert Newsletter

September 24, 2008

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Dear {!firstname}:

Welcome to Your WEBSITE LAW ALERT by Chip Cooper and DigiContracts.com

Chip's Commentary:

Presidential election fatigue... I've been following the race in both primaries and now the in general election. Sometimes you just need to take a little rest from it.

One way is to inject some levity into what is really a serious matter. Leave it up Saturday Night Live -- they're the experts at poking fun at the candidates. For a really great impersonation by Tina Fey of Sarah Palin, Google: snl Tina Fey Sarah Palin.

 

News From The Litigation Front:

If I told you that Target Corp. was sued by The National Federation For The Blind (NFB) for maintaining a website that blind people said they couldn't use, you'd probably think I was kidding (if you haven't been reading the trade press).

And if I told you that Target just agreed to pay $6 million in damages as part of a class action settlement in the case, you might really be surprised. But it's all very true.

The Americans For Disabilities Act (ADA) is a 1990 law that requires retailers and other public places to accommodate the disabled. Target argued that ADA only applied to physical facilities, and not to virtual online storefronts. But after approximately 2 years of litigation, Target concluded that it would be a good idea to settle.

Until reading about this case, I was simply unaware that blind people can use specialized software and keyboards to convert web pages into speech or Braille... that is, if the site is coded properly, and that was a key issue in this case.

NFB spokesman, Jerry Danielson, summarized NFB's position after the settlement was announced. "We feel that it is a wake-up call to companies that have Web sites that are selling goods and services. They need to pay attention to accessibility. It is the right thing to do."

For now, the NFB seems to be going after only the larger online retailers. However, if you operate a smaller retail site, you'd be well advised to check with your developer to see if your site is easily accessible by the blind.

 

Comments From Digicontracts.com:

We've recently had some questions and comments that our menu of agreements offered on our DigiContracts.com site is confusing and difficult to understand quickly.

We've reviewed the web pages involved... and we agree -- they don't measure up.

After a little head scratching, we've come up with a new design and format that we'll implement in the next month or so.

We very much appreciate your feedback and constructive critique.

Regards,

 

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