Agostini v. Shopbobby's.com, LLC

Background

Lunique Agostini brought the action on behalf of herself and others similarly situated. She alleged that Shopbobby’s.com, LLC’s websites and mobile applications, including shopbobbys.com, were not fully accessible to people with disabilities. Her claims invoked Title III of the Americans with Disabilities Act, the New York State Human Rights Law, the New York State Civil Rights Law, and the New York City Human Rights Law.

Shopbobby’s.com denied that its website violated federal, state, or local law. It also denied that the website was a public accommodation subject to Title III of the Americans with Disabilities Act, denied other wrongdoing or liability, and disputed that the court was a proper venue. The parties agreed that the consent decree would resolve the action without a trial or further adjudication of the factual or legal issues raised in the complaint.

Consent Decree Terms

The court-approved decree requires Shopbobby’s.com not to deny people with disabilities, including Agostini, the opportunity to participate in or benefit from goods, services, privileges, advantages, and accommodations provided through the website. It also requires the company to use “Reasonable Efforts” to provide equal opportunities and to ensure that people with disabilities are not excluded, denied services, segregated, or treated differently because auxiliary aids and services are absent.

Within 24 months after the decree’s effective date, Shopbobby’s.com must take steps needed to substantially conform its websites to applicable Web Content Accessibility Guidelines 2.0 or 2.1 Level A success criteria, or other applicable guidelines, so the websites are accessible to people with vision disabilities. The decree excludes certain user-generated or third-party content and advertisements that the company does not own, operate, prepare, or control, and it does not require narrative descriptions for videos. The decree also permits the company to stop the remediation efforts if the Department of Justice or a court with jurisdiction determines that the applicable guidelines are not legally required.

The decree lasts 36 months from its effective date, which is the date it is entered on the court’s docket after approval. It establishes notice and cure procedures for alleged breaches. If a dispute is not resolved during the required cure period, a party may ask the court to enforce the decree. The decree also sets conditions concerning accessibility testing, reasonable efforts, and possible attorneys’ fees and costs for a prevailing party in an enforcement action.

Court’s Action and Effect

The court found that it had jurisdiction under 28 U.S.C. § 1331 and 42 U.S.C. § 12188, made the decree binding on the parties, and continued its jurisdiction for 36 months. It stated that the decree was for settlement purposes only and was not an admission by Shopbobby’s.com or a finding of liability. Judge Ronnie Abrams approved the consent decree, adopted it, and made it an order of the court. The decree resolves the action and states that it adjudicates the claims and issues alleged or that could have been alleged based on the complaint, but the order does not decide whether Shopbobby’s.com actually violated the cited laws.