ATTENTION: LEGALLY BLIND INDIVIDUALS IN THE UNITED STATES WHO HAVE ATTEMPTED TO VISIT TARGET.COM SINCE FEBRUARY 7, 2003
YOU MAY HAVE A CLAIM UNDER THE SETTLEMENT DESCRIBED BELOW
READ THIS NOTICE AND FOLLOW THE INSTRUCTIONS CAREFULLY
This notice is to inform you of a
class action settlement in the case of National
Federation of the Blind v. Target Corp. (Case No. 06-01802 MHP), pending in
the United States District Court for the Northern District of California before
the Honorable Marilyn Hall Patel. The
case was brought on behalf of legally blind individuals who have encountered
access barriers on Target.com. It alleged that defendant Target Corporation
(“Target”) violated U.S. and California law in designing and maintaining its
website, Target.com
(“the website”), such that blind visitors could not acquire the same
information and engage in the same interactions as sighted visitors to the
website. Target denies all liability and
the case has been vigorously contested.
On October 2, 2007, Judge Patel certified a nationwide class under the
Americans with Disabilities Act and a California class for claims under two
California civil rights statutes. This
case has now settled. The Court has
granted preliminary approval of the settlement and has scheduled a hearing on
January 26, 2009 to determine whether to grant final approval.
The class action settlement calls
for Target to ensure that the Target.com website is accessible such that blind
visitors to the website acquire the same information and engage in the same
interactions with substantially equivalent ease of use as sighted visitors to
the website. Pursuant to the settlement
agreement, Target and the National Federation of the Blind (“NFB”) are working
together to make the website accessible under that standard.
Under the settlement agreement,
NFB and Target have specified testing protocols to be used by NFB to monitor
the website’s continuing accessibility to blind visitors. The settlement allocates funds for NFB to
monitor the website and notify Target if it identifies any concerns regarding
the accessibility of the website. The
settlement also allocates funds for NFB to provide periodic accessibility
training to Target employees responsible for coding the website.
Additionally, the settlement
includes a six million dollar ($6,000,000) fund to be used to pay valid claims
submitted by members of the damages subclass who are legally blind individuals
in California who attempted to access the goods and services offered on
Target.com with screen-reader software and encountered access barriers. Members of the damages subclass will be
entitled to make up to two (2) claims, each worth $3,500. If the total number of valid claims exceeds
the settlement fund, each claim will be reduced pro rata. If there is money left over after payment of
all valid claims, the left over funds will be donated to the Braille Institute
of America and Recordings for the Blind and Dyslexic.
Finally, under the settlement,
Class Counsel will ask the Court to award reasonable fees and costs in an
amount up to $ 4,636,000 for work on this case up to August 15, 2008, plus
additional compensation for work after this date and for work relating to a fee
motion. Such fees and costs are separate
and apart from the class damages fund. Target does not dispute Class Counsel’s
right to recover reasonable fees and costs, but reserves the right to contest
the amount of fees and costs sought.
OPTIONS FOR MEMBERS OF THE
NATIONWIDE CLASS: If you are a legally
blind individual who has attempted to access Target.com since February 7, 2003
you have two options concerning the settlement:
1.
You
may do nothing and be bound by the terms of the settlement; or
2.
You
may object to the settlement, in which case you must follow the procedures set
forth below.
Please note that should the
settlement be approved, all members of the nationwide class will be bound
concerning the terms of the settlement relating to the accessibility of the
website.
1. You may submit a claim for minimum
statutory damages, valued at up to $3,500 per each occasion when you attempted
to access the goods and services offered on Target.com with screen-reader
software and encountered one or more barriers.
No more than two claims per person will be allowed (for a maximum award
of $7,000 per person).
2. You may opt out of the portion of the
settlement involving claims for money damages by following procedures set forth
below.
Ø
If you choose to
submit a claim for damages, YOU MUST
SUBMIT A CLAIM FORM. You can get a claim form by visiting the
Settlement Website located at www.nfbtargetlawsuit.com, or by requesting one
from the Claims Administrator by phone, letter, fax, or email. The Claims Administrator can be reached at: NFB v. Target Claims Administrator, RG/2
Claims Administration LLC, P.O. Box 59479, Philadelphia, PA.
19102-9479. You may call the Claims
Administrator at 1-866-742-4955. Please
provide your name, address, and phone number when you contact the Claims
Administrator. All claims must be
submitted on line by January 8, 2009 or by mail postmarked no later than
January 8, 2009. LATE CLAIMS MAY BE
DENIED.
All
questions should be directed to the Claims Administrator or class counsel. Please do not contact Target Corporation.
Ø
If you choose to
object to the settlement, you must submit a written objection to the Clerk of
the Court with copies to class counsel and to counsel for Target. The addresses of the Clerk of the Court,
class counsel and counsel for Target are set forth below. Your objection must be filed with or otherwise received by
the Clerk of the Court no later than December 9, 2008. If you wish to appear and present your
objection orally at the hearing on final approval of the settlement, you must
so state in your written objection. Your
written objection should include your name, address, and telephone number.
If you wish to opt out of the damages portion of
the case, you must either:
All requests to opt out made
through www.nfbtargetlawsuit.com or otherwise must be
received by the Claims Administrator by December 9, 2008 to be effective.
Please note that should the
settlement be approved all members of the California class who do not properly
opt out will be bound concerning the terms of damages portion of the
settlement.
If you want a copy of the proposed settlement agreement or related documents,
you can find these documents online at www.nfbtargetlawsuit.com. You may also
contact class counsel at the following addresses:
|
Larry Paradis Disability Rights Advocates 2001 Center Street, Fourth Floor Berkeley, CA 94704 |
Joshua Konecky Schneider Wallace Cottrell Brayton Konecky LLP 180 Montgomery Street, Suite 2000 San Francisco, CA 94104 |
Dan Goldstein Brown Goldstein & Levy LLP 120 East Baltimore Street, Suite 1700 Baltimore, MD 21202 |
Counsel for Target may be contacted at the following address:
Matthew I. Kreeger
Kristina Paszek
Morrison & Foerster
425 Market Street
San Francisco, CA 94105
The Settlement Agreement and claim
form documents are available from the Claims Administrator and class counsel in
multiple accessible formats.
Alternatively, you may inspect the Court’s files during business hours
at the office of the Clerk of the Court, United States District Court, 450
Golden Gate Avenue, in San Francisco, California, 94102. The case caption is National Federation of the Blind v. Target Corp. (Case No. 06-01802
MHP). Please do not call the Judge or
the Court Clerk.