[Nfbc-info] Blingo follow up just sent

Tue Jan 13 17:55:13 UTC 2009

Hi Angela,

Judge Patel decided not to publish the second decision for unknown reasons. 
I will check with the Disability Rights Advocates in Berkeley to see if I 
can't get those decisions for our use.

Thanks,
B.J.

----- Original Message ----- 
From: "Angela fowler" <fowlers at syix.com>
To: "'NFB of California List'" <nfbc-info at nfbnet.org>
Sent: Tuesday, January 13, 2009 9:21 AM
Subject: Re: [Nfbc-info] Blingo follow up just sent

> B.J.
> Why was this second decision not published? More importantly, do we have
> access to it?
> Thanks,
> Angela
> -----Original Message-----
> From: nfbc-info-bounces at nfbnet.org [mailto:nfbc-info-bounces at nfbnet.org] 
> On
> Behalf Of Bruce Sexton
> Sent: Tuesday, January 13, 2009 8:00 AM
> To: NFB of California List
> Subject: Re: [Nfbc-info] Blingo follow up just sent
>
> 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 unpublished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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