[Nfbc-info] Blingo follow up just sent

Tue Jan 13 16:00:07 UTC 2009

Dear all

>From my understanding there were two important decisions rendered by the 
honorable judge Marilyn Hall Patel.  One of which has been published and the 
other not.  These decisions were separate from the settlement agreement. 
The first established the viability of suing Target under the UNRA Act and 
the ADA.  This decision is landmark in that it sets a legal precedence for 
future suits to be wrought against internet sites under the above mentioned 
laws.  No judge has ever before rendered a decision holding internet sites 
liable for accessibility issues for the blind under these laws before.  Thus 
we have established important case-law concerning the matter of internet 
accessibility.  I don't remember the full details of the other, unpublished 
decision .  nonetheless, they both have set important legal standards that 
could be sited in future suits.  One could logically deduce that Target 
settled the case due to these landmark decisions detailed by the judge, even 
if Target admits no wrong doing.  after all, , I would not settle a case 
against me for such large damages unless I had compelling reason.  That's my 
understanding of the case, but correct me if I'm wrong.

Thanks,
Bruce Sexton, former plaintiff in the Target suit

-- Original Message ----- 
From: <ckrugman at sbcglobal.net>
To: "NFB of California List" <nfbc-info at nfbnet.org>
Sent: Tuesday, January 13, 2009 4:36 AM
Subject: Re: [Nfbc-info] Blingo follow up just sent


>A judge signed a cvourt order agreeing to the terms of the settlement. 
>However, court orders only apply to that particular case and do not set a 
>legal precedent. This concern was raised and discussed on the NFB blindlaw 
>mailing list. I will try and find the actual text of the terms of the 
>settlement and post the relevant parts later.
> Chuck
> ----- Original Message ----- 
> From: "Angela fowler" <fowlers at syix.com>
> To: "'NFB of California List'" <nfbc-info at nfbnet.org>
> Sent: Monday, January 12, 2009 4:19 PM
> Subject: Re: [Nfbc-info] Blingo follow up just sent
>
>
>> Chuck,
>> Wasn't the target case decided by a court order? If so, regardless
>> of how that order came about, didn't the judge set a president when she
>> handed it down. Please enlighten me, this legal stuff makes my head spin.
>> Thanks
>> Angela Fowler
>>
>> -----Original Message-----
>> From: nfbc-info-bounces at nfbnet.org [mailto:nfbc-info-bounces at nfbnet.org] 
>> On
>> Behalf Of ckrugman at sbcglobal.net
>> Sent: Monday, January 12, 2009 3:06 PM
>> To: NFB of California List
>> Subject: Re: [Nfbc-info] Blingo follow up just sent
>>
>> Hi All,
>> I am new to this list. There is something that needs to be clarified. The
>> NFB v. Target Law suit was settled due to an out-of-court settlement that
>> was reached through negotiations. In those negotiations the Target
>> Corporation never admitted to any wrongdoing although they agreed to the
>> terms of the settlement. Due to the fact that these negotiations were
>> reached without a trial of fact there is no precedent set by this
>> settlement. As a result unfortunately there are no ramifications for any
>> other companies. This is standard legal procedure when an out-of-court
>> settlement is reached and this is one of the drawbacks to settling cases
>> before a full trial. The only hope is to possibly negotiate with other
>> companies for web accessibility compliance or to encourage another law 
>> suit
>> against another web site for similar reasons.
>> Chuck Krugman, M.S.W., Paralegal
>> 1237 P Street
>> Fresno ca 93721
>> 559-266-9237
>> ----- Original Message -----
>> From: "Michael Peterson" <its_mike at sbcglobal.net>
>> To: "NFB of California List" <nfbc-info at nfbnet.org>
>> Sent: Monday, January 12, 2009 7:58 AM
>> Subject: [Nfbc-info] Blingo follow up just sent
>>
>>
>>> Hi all. I still haven't heard from blingo concerning my fourth $5
>>> amazon prize.
>>>
>>> I sent them the following email this morning.
>>> I won another $15 on winzy recently so if this continues and I get all
>>> my prizes I can buy a camcorder for my classes because they require us
>>> to send in video interviews.
>>> I might have to rent a camcorder this week because the firstinterview
>>> is due next week.
>>> But like scholarships amazon gift cards sometimes buy needed stuff.
>>> And this is just the beginning practimI still have the advanced
>>> practim and not sure if other uper level grad courses will require video
>> tapes.
>>> But this is distance education so it's not like I can go to my local
>>> study lab and borrow a camcorder.
>>> If anyone knows which camcorders are easiest to use and record ontoe
>>> dvd or vhs and aren't to expensive  please let me know.
>>> Back to the matter at hand I degressed and most of you can stop
>>> reading at my next signature because below that is what I wrote to the
>>> list concerning my target question Mike Peterson
>>>
>>>
>>> Hello. I am Michael Peterson its_mike at sbcglobal.net. I won a prize a
>>> choice of a fandango movie ticket or an amazon gift cert and this
>>> would be my fourth prize as you can see below you have recorded three
>> prizes.
>>> You have won 3 prizes since you registered on 3/30/05.
>>> Prize
>>> Won
>>> Status
>>> $5 Amazon.com Gift Card
>>> 6/1/08
>>> get it now
>>> $5 Amazon.com Gift Card
>>> 12/24/07
>>> get it now
>>> $5 Amazon.com Gift Card
>>> 10/19/07
>>> get it now
>>> Unlike the prior times being blind I didn't have someone to read the
>>> special code so I contacted you at least twice once that night and
>>> once the following wednesday.
>>> Because there was a major accessability lawsuit concerning
>>> accessability I wrote to the national Federation of the blind.  I
>>> don't want to Sue blingo or pch but I do want to be able to continue
>>> winning prizes. I purchase from PCH all the time. Perhaps my inquiry
>>> letter can help you get the site made more accessible. I am sure I can
>>> assist with connecting you with the technology committee and we can help
>> in providing feed back.
>>> Here is what I wrote just below signature.
>>> Pleas help.
>>> Michael Peterson
>>> Ramifications of the target lawsuit
>>> Hi all.  Because I am in to sweepstakes and because sometimes I like
>>> there deals I often use the publisher's clearinghouse website.
>>> I order sometimes through them sometimes via their email sometimes
>>> through the mail and more often just play the search and win game at
>>> pch and blingo.
>>> In fact I've won $15 from blingo.
>>> Here's the problem.
>>> Many of the pch games are inaccessible but even the ones that are
>>> aren't accessible when you win.
>>> In the past Terra read me the code to claim my prizes but her glacoma
>>> has gotten worse and the site has changed it's background.
>>> Last saturday night she couldn't read it so I wrote to Blingo
>>> immediately and on Wednesday morning about this time.
>>> still no answer and still no prize.
>>> I wrote them again explaining the problem and received the same your
>>> message is being reviewed.
>>> Still no answer yet.  And, in the meantime some people I know in
>>> sweepstakes groups won and claimed the same prize.
>>> BTW those prizes are instant because they are amazon gift certs but if
>>> you win a bigger prize like a flat screen tv  a dell lap top etc I
>>> guess they ship to you.
>>> PCH allows you 25 searches a day on each site and the first search
>>> enters you in the $5,000 a week for life sweep.
>>> If it were just a sweep I wouldn't be asking most likely but because
>>> like target publishers clearinghous sells products online in volume
>>> are their actions covered?
>>> Thanks
>>> Michael peterson
>>> _________________________________________Followup addendem I forgot to
>>> mention just about every day PCH (publishers clearinghouse, sends me
>>> an email.
>>> It is very similar to the mail version you look through their stuff
>>> and order if you like or just submit for entry but sometimes like two
>>> days ago I was sent an email where a gold seal or something had to be
>>> transferred.  To order you had to move that seal Terra couldn't see it
>>> and I couldn't find it using the screen reader after reading countless
>>> times through four pages of products.
>>> Even had I just wanted to order using that email I couldn't do it.
>>> That's a hit and miss not every email just spiradically inaccessible.
>>> Something I never complained about because at least it's a whole lot
>>> more accessible than those big print envelopes with the gold ticket
>>> and the transer stamps that made relatives and friends run away in
>>> fear every time they saw me.
>>> But still, more accessible isn't truly accessible.
>>> Mike/www.nfbnet.org/mailman/options/nfbc-
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