Interactive Brokers fails to respond in civil rights action brought by blind person
A civil rights action against Interactive Brokers moves ahead at the New York Eastern District Court, as Magistrate Judge Sanket J. Bulsara has made it clear that the plaintiff – Marion Kiler, may move for a certificate of default against the defendant.
Kiler’s complaint, which was filed with the Court in June 2020, accuses Interactive Brokers of failing to design a website that makes it fully accessible to visually-impaired persons.
The defendant’s deadline to answer or otherwise respond to the Complaint was October 12, 2020. The company failed to answer. As a result, Kiler may now seek entry of a certificate of default. In an order issued on December 14, 2020, the Court explains that Kiler can do this by January 4, 2021. Then, the plaintiff shall file any motion for default judgment within 60 days of entry of default by the Clerk of Court.
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 plaintiff requests a permanent injunction to cause a change in Interactive Brokers’ policies, practices, and procedures so that its website becomes accessible to blind and visually-impaired consumers. The complaint also seeks compensatory damages to compensate Class members for having been subjected to unlawful discrimination.