Shortly after the New York Eastern District Court allowed the visually-impaired plaintiff in a case targeting electronic trading major Interactive Brokers to push for a default, the plaintiff has surprisingly dropped the case. This becomes clear from a document filed with the Court on December 29, 2020.

A notice submitted by plaintiff Marion Kiler confirms the voluntary dismissal of the case, with prejudice, and without costs or attorneys’ fees.

Let’s recall that the plaintiff in this case is a legally blind person who requires screenreading software to read website content.

This civil rights action accuses Interactive Brokers of denying blind and visually-impaired persons with equal access to the goods and services the company provides to its non-disabled customers through http//:www.Interactivebrokers.com. According to the complaint, IB’s denial of full and equal access to its website is a violation of Kiler’s rights under the Americans with Disabilities Act (the “ADA”).

The plaintiff says that Interactive Brokers’ website contains thousands of access barriers that make it difficult if not impossible for blind and visually-impaired customers to use the website. The lack of an accessible website means that blind people are excluded from the opportunity of transacting with IB’s website and from purchasing goods or services from this website, Kiler says.

Marion Kiler notes that Interactive Brokers has chosen to rely on an exclusively visual interface.

According to the complaint, Congress provided a clear and national mandate for the elimination of discrimination against individuals with disabilities when it enacted the ADA. Such discrimination includes barriers to full integration, independent living, and equal opportunity for persons with disabilities, including those barriers created by websites and other public accommodations that are inaccessible to blind and visually impaired persons. Similarly, New York state law requires places of public accommodation to ensure access to goods, services, and facilities by making reasonable accommodations for persons with disabilities.

The complaint alleges that, unless Interactive Brokers remedies the numerous access barriers on its website, the plaintiff and Class members will continue to be unable to independently navigate, browse, use, and complete a transaction on Interactivebrokers.com.

The reasons for the plaintiff’s decision to abandon the case are not stated in the dismissal notice filed with the Court on Tuesday.