Ossian Law P.C.
IT Law Alert December 2, 2014

Online Grocer Settles ADA Claim: Peapod, LLC owns and operates a website (peapod.com) and mobile apps that allow users to buy groceries for home delivery in various states. The federal government initiated a compliance review of the Peapod site and apps under Title III of the Americans with Disabilities Act of 1990 (ADA).

The government determined that the site and apps were not accessible to individuals who are blind or have low vision, deaf or hard of hearing or have physical disabilities affecting manual dexterity. Examples cited include: (1) unlabeled images, buttons and form fields, (2) unnamed and unidentified frames and (3) inaccurate captioning for videos.

Peapod and the government entered into a settlement agreement, whereby Peapod agreed to take several steps to make its mobile apps accessible by March 31, 2015 and its site accessible by September 30, 2015. The steps include designating a Website Accessibility Coordinator and adopting a Website and Mobile Application Accessibility Policy, attached as an exhibit to the settlement agreement.

Review the settlement agreement here.

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