This is post #15 in the ADA Compliance Series, which aims to outline a structure for validating and justifying a claim of “ADA compliance” for a website or other digital system (a few notes and disclaimers on that).
Defendant informs the Website user that the user’s personal information and browsing history is collected and is used for targeted marketing and advertising.
Because of his blindness, Plaintiff was unable to comprehend the Website; therefore, Plaintiff has had no choice, and likewise no knowledge, of Defendant’s installation of data and information tracking software and the collection of the Website user’s browsing history and analytics placed on the user’s computer.
Based upon the review of the Website, when a user accesses the Website, Defendant places software on the Plaintiff’s personal computer, without the user’s advance consent or knowledge.
- But the site went ahead and placed the cookie anyway without the user’s consent or knowledge.
As such, through its Website, Defendant has committed a trespass against the Plaintiff since the Website places information gathering software on the Plaintiff’s computer without Plaintiff’s knowledge or consent.
- Therefore, the site has committed a trespass against the plaintiff by putting the cookie on the user’s machine without notice or user consent
Clearly both the privacy implications and the broader legal enforceability items indicate a need to ensure that privacy and legal notices and agreements are demonstrably accessible.