(unknown charset) Re: Target and NFB agree to Settlement

nice hunk of change to the NFB too.

Bob

On Thu, 28 Aug 2008, Phill Jenkins wrote:

> Is the press release (see below) a good enough "Abstract" or "Executive
> Summary" for you? Or are you looking for a summary of the settlement
> itself?
>
> Once you get past all the legal mumbo jumbo at the beginning of the
> settlement document, I found the information in the middle (section 8 & 9
> for example) of the settlement quite clear and informative about
> Monitoring and Training.  I quote:
>
> 8. Monitoring.
> 1.      The NFB will monitor the Target.com website as follows:
> 1.      Quarterly testing.  NFB will run an automated monitoring tool
> called Worldspace on Target.com every quarter and will report to Target
> any results that reflect a deviation from the standard set forth in
> Section 6.1.  The parties recognize that automated monitoring tools may
> report “false positives” that do not establish deviation from the standard
> set forth in Section 6.1.
> 2.      Annual user testing.  NFB will annually report to Target the
> results of user testing by 5 to 15 blind persons with varying skill levels
> and using JAWS, each attempting to complete the same tasks on at least
> five, but no more than ten of the transaction paths listed in Exhibit E.
> 3.      Annual technical assessment by consultant.  Jim Thatcher, or if
> Mr. Thatcher is unable to continue as technical consultant, another
> consultant proposed by NFB and approved by Target, will annually make a
> technical assessment of up to 40 pages on the site selected by the
> consultant at his or her discretion, including but not be limited to, the
> home landing page, browse page of a major category, search results,
> product detail page, add to cart page, guest sign in, guest registration,
> address book, payment methods, billing address, place order, and thank you
> page.  The consultant will issue a report that includes, for each page
> tested, the URL, the date reviewed, and a screen shot of the page. The
> report will include a table following each screen shot that lists any
> accessibility issues that the consultant finds on the corresponding page.
> These issues can be problems, i.e., violations of the guidelines, or they
> may be things that are especially well done and worthy of note.  Each
> issue will be keyed to the guideline or standards involved and a severity
> or priority will be indicated.  The last column of the table will contain
> any suggested changes to address the issue.
> 4.      New templates.  As Target develops additional templates, it shall
> notify NFB.  If Target timely requests that NFB test the additional
> template in advance of its production on Target.com, NFB will do so and
> report the results.  Any additional templates developed during the term of
> this Agreement may also be the subject of quarterly and annual testing.
> 2.      NFB shall notify Target if it identifies concerns about the
> accessibility of the Target.com website.  Communications between NFB and
> Target pursuant to this provision shall take place between one individual
> designated by NFB and one individual designated by Target for this
> purpose.
> 3.      Periodic Payments for Monitoring
> 1.      Target shall provide periodic payments to the NFB for monitoring.
> NFB may use these monitoring funds to pay consultants and counsel for work
> related to the monitoring of the Target.com website.
> 2.      Target shall make a first payment of fifty thousand (50,000)
> dollars within one (1) month of the Finality Date.  Target shall make a
> payment of forty thousand (40,000) dollars each year thereafter, within
> twelve (12) months of the previous payment, through the Term of the
> Agreement.
> 9. Training.
> 1.      Through the term of the Agreement, NFB shall provide at a location
> to be determined by Target periodic one-day training sessions regarding
> website accessibility to Target employees responsible for coding the
> Target.com website.  Each such employee shall attend one such training
> session during his or her employment at Target.
> 2.      Within sixty (60) days after each such training session, NFB shall
> submit to Target documentation of actual expenses incurred in the
> provision of this training.  Target shall pay NFB the amount of documented
> actual expenses up to a limit of fifteen thousand (15,000) dollars per
> session.
>
> Regards,
> Phill Jenkins
>
> National Federation of the Blind and Target Agree to Class Action
> Settlement
> 8/27/2008
>
> FOR IMMEDIATE RELEASE
> CONTACT:
> Chris Danielsen                                         Target
> Communications
> Public Relations Specialist                          (612) 696-3400
> National Federation of the Blind
> (410) 659-9314, extension 2330
> (410) 262-1281
> cdanielsen@nfb.org
>
> National Federation of the Blind and Target Agree to Class Action
> Settlement
>
> Target Will Ensure That Web Site Remains Accessible to Guests Who Use
> Assistive Technologies
>
> Baltimore, Maryland (August 27, 2008): The National Federation of the
> Blind (NFB) and Target (NYSE: TGT) announced today that they have settled
> a class action lawsuit regarding access to the Target.com Web site by
> blind people.
>
> Dr. Marc Maurer, President of the National Federation of the Blind, said:
> "Access to Web sites is critical to the full and equal participation of
> blind people in all aspects of modern life.  The National Federation of
> the Blind is pleased to have reached a settlement with Target that is good
> for all blind consumers, and we recognize that Target has already taken
> action to make certain that its Web site is accessible to everyone.  We
> look forward to working with Target in the coming months to help make
> additional improvements that will enhance the experience of blind visitors
> to Target.com.  It is our sincere hope that other businesses providing
> goods and services over the Internet will follow Target's example and take
> affirmative steps to provide full access to their Web sites by blind
> consumers."
>
> Bruce Sexton, Jr., a named plaintiff in the case from the beginning,
> added:  "This settlement marks a new chapter in making Web sites
> accessible to the blind.  I commend Target for committing to being a
> leader in online accessibility."
>
> Steve Eastman, president of Target.com, said: "First and foremost, Target
> is committed to serving all our guests.  As our online business has
> evolved, we have made significant enhancements in order to provide an
> accessible shopping experience.  We are pleased to have reached an
> agreement with the National Federation of the Blind regarding the
> accessibility of Target.com for individuals who use assistive technologies
> and will work with the NFB on further refinements to our Web site."
>
> As part of the settlement, Target will establish a $6 million fund from
> which members of the California settlement class can make claims.  In
> addition, the National Federation of the Blind will certify the Target Web
> site through its Nonvisual Accessibility Web Certification program once
> agreed upon improvements are completed in early 2009.  Target and NFB have
> agreed to a three-year relationship during which NFB will perform
> accessibility testing of the Target Web site.  For more information about
> the terms of the settlement, please visit www.nfbtargetlawsuit.com.
>
> About the National Federation of the Blind - With more than 50,000
> members, the National Federation of the Blind is the largest and most
> influential membership organization of blind people in the United States.
> The NFB improves blind people's lives through advocacy, education,
> research, technology, and programs encouraging independence and
> self-confidence.  It is the leading force in the blindness field today and
> the voice of the nation's blind.  In January 2004 the NFB opened the
> National Federation of the Blind Jernigan Institute, the first research
> and training center in the United States for the blind led by the blind.
>
> About Target -  Minneapolis-based Target serves guests at 1,648 stores in
> 47 states nationwide by delivering today's best retail trends at
> affordable prices. Target is committed to providing guests with great
> design through innovative products, in-store experiences and community
> partnerships. Whether visiting a Target store or shopping online at
> Target.com, guests enjoy a fun and convenient shopping experience with
> access to thousands of unique and highly differentiated items. Target
> (NYSE:TGT) gives more than $3 million a week to its local communities
> through grants and special programs. Since opening its first store in
> 1962, Target has partnered with nonprofit organizations, guests and team
> members to help meet community needs.
>
> [end]
>

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Received on Thursday, 28 August 2008 14:17:42 UTC