Williams v. Digi-Key Corporation

Background

Pamela Williams filed the action on behalf of herself and others similarly situated. She alleged that Digi-Key Corporation’s website and mobile applications were not fully accessible to people with disabilities, in violation of Title III of the Americans with Disabilities Act and the New York City Human Rights Law. Digi-Key denied that its website violated federal, state, or local law, denied that the website was covered by the cited laws, and admitted no wrongdoing or liability.

Consent Decree

The parties agreed to settle all issues in the action without a trial or further adjudication of the factual or legal issues raised in the complaint. Under the decree, Digi-Key must not deny people with disabilities the opportunity to participate in or benefit from goods, services, privileges, advantages, and accommodations provided through its website. Digi-Key must also use reasonable efforts to provide equal access and to prevent exclusion or different treatment based on the absence of auxiliary aids and services.

The decree generally requires Digi-Key, within 18 months of its effective date, to modify its websites as needed to substantially conform to specified Web Content Accessibility Guidelines for people with vision disabilities. The decree contains exceptions and limits for certain third-party or user-generated content, advertisements, and video descriptions. It also provides that Digi-Key will not breach the decree if it cannot achieve substantial conformance despite using reasonable efforts, or if an accessibility consultant determines that an issue cannot be remedied through such efforts.

Enforcement and Duration

The decree requires written notice and an opportunity to cure before a party may seek enforcement in court. It also establishes procedures involving an independent accessibility consultant and generally requires at least 90 days to remedy an issue after notice of the consultant’s opinion. The decree is effective for the earlier of 36 months from its effective date or the date the United States Department of Justice adopts certain website regulations, subject to the decree’s stated extensions.

The decree benefits people with vision disabilities, including people who use screen readers, as third-party beneficiaries. It does not bind the members of the proposed class because no class was certified.

Ruling

The court found that it had jurisdiction, that the decree would bind the parties, and that the decree was for settlement purposes only and did not admit the allegations or establish Digi-Key’s liability. The court approved and adopted the consent decree as an order of the court and directed the clerk to close the case. The supplied opinion text does not identify the judge by name.