E*Trade Digital Accessibility Settlement Agreement

The settlement agreement posted here details E*Trade’s commitment to improving the accessibility and usability of its website, mobile application and online trading platform for customers who are blind. The agreement was reached in Structured Negotiation; no lawsuit was needed or filed. The Law Office of Lainey Feingold and Linda Dardarian, of the Oakland civil rights firm Goldstein, Borgen, Dardarian and Ho represented Pratik Patel and Victor Tsaran, two E*Trade customers, in the negotiation. E*Trade will be using the Web Content Accessibility Guidelines 2.0, Level AA as its accessibility standard. The agreement identifies the International Standards Organization (ISO) 14289, also known as PDF/UA (PDF/Universal Accessibility) standard as the standard for PDF accessibility.

The Law Office of Lainey Feingold would like to thank the E*Trade legal team who worked on this case — both in-house and outside counsel — for embracing Structured Negotiation and playing a leadership role in this landmark initiative.

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SETTLEMENT AGREEMENT

This Settlement Agreement (“Agreement”) and the related and incorporated document entitled Confidential Addendum to Settlement Agreement (collectively referred to as the “Full Agreement”) are entered into by and between Pratik Patel and Victor Tsaran (collectively referred to as “Claimants”) and E*TRADE Financial Corporation (“E*TRADE”). Together Patel, Tsaran and E*TRADE are referred to as the Parties.

RECITALS

This Agreement is based on the following facts:

A.
Claimant Pratik Patel is a person with a visual impairment who resides in Massachusetts. He has been an E*TRADE client for approximately seven years.
B.
Claimant Victor Tsaran is a person with a visual impairment who resides in California. He has been an E*TRADE client for approximately ten years.
C.
E*TRADE maintains a website, a desktop trading platform (currently known as E*TRADE Pro) and mobile applications for the convenience of its clients.
D.
In June 2014, the Parties agreed to enter into Structured Negotiations in connection with the claims Claimants raised concerning accessibility barriers on the us.etrade.com website and E*TRADE mobile applications. Since that time, the Parties have worked together in good faith to resolve those claims.
E.
The Parties enter into this Agreement to resolve Claimants’ claims and to avoid the burden, expense, and risk of litigation. In entering into this Agreement, E*TRADE does not admit, and specifically denies, that it has violated or failed to comply with any provisions of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101, et seq., (“ADA”), the implementing regulations of Title III of the ADA, 24 C.F.R. Part 36, and any applicable laws of any state relating to accessibility for persons with disabilities, any regulations or guidelines promulgated pursuant to those statutes, or any other applicable laws, regulations, or legal requirements. Neither this Agreement, nor any of its Exhibits, Addenda, terms or provisions, nor any of the negotiations connected with it, shall be construed as an admission or concession by E*TRADE of any such violation or failure to comply with any applicable law. Neither this Agreement and its terms and provisions, including these Recitals, nor the Confidential Addendum shall be offered or received as evidence for any purpose whatsoever against E*TRADE in any action or proceeding, other than a proceeding to enforce the terms of the Full Agreement.

NOW, THEREFORE, the Parties agree as follows:

1. Definitions.

As used in the Full Agreement, the following terms mean:

1.1.
Accessible PDF: A PDF document that satisfies International Standards Organization (ISO) 14289, also known as PDF/UA (PDF/Universal Accessibility) standard.
1.2.
Access Standard: The standard for web accessibility defined in Section 3.1 of this Agreement.
1.3.
Claimants’ Counsel: Goldstein, Borgen, Dardarian & Ho and the Law Office of Lainey Feingold, and the attorneys practicing law therein.
1.4.
Customer Service Telephone: The customer service telephone lines E*TRADE makes available to E*TRADE clients and the general public.
1.5.
Effective Date: June 1, 2016.
1.6.
E*TRADE Application(s) for Mobile Devices (or “E*TRADE Mobile App(s)”): Mobile applications for iOS and Android smartphones and tablets published by E*TRADE for its clients and the general public.
1.7.
E*TRADE Desktop Trading Platform: Desktop trading platform (currently known as E*TRADE Pro) that features analysis, investing, and idea-generating tools for E*TRADE clients who are active traders.
1.8.
E*TRADE Website: The consumer website (including pages only available to E*TRADE clients) at us.etrade.com.
1.9.
Person(s) with a Visual Impairment: Any person who has a physical, mental or sensory impairment that substantially limits him or her in the major life activity of seeing.
1.10.
Third-Party Content: Web content that is generated by a third party and not developed, owned, or coded by E*TRADE.

2. Duration of Agreement.

The terms of the Full Agreement shall remain in effect from the Effective Date through March 31, 2018.

3. Accessibility Provisions.

3.1.
E*TRADE will use best efforts to ensure that the E*TRADE Website, Mobile Apps and the Desktop Trading Platform substantially conform to the Web Content Accessibility Guidelines (“WCAG”) 2.0 Conformance Level AA, as set forth in the Exhibits to this Agreement. The Parties acknowledge that some WCAG Conformance Level AA Success Criteria address features or design elements that may not be used on the E*TRADE Website, Mobile Apps, or Desktop Trading Platform, and in such circumstances conformance with those Success Criteria will not be required.
3.2.
The Parties acknowledge that the accessibility of features used on E*TRADE Mobile Apps are dependent on the operating systems of third parties, over which E*TRADE has no control.
3.3.
New features, changes or site elements to the E*TRADE Website, Mobile Apps, or E*TRADE Desktop Trading Platform that are initiated on or after January 4, 2016 will substantially conform to the Access Standard when the new feature, change, or site element is launched.
3.4.
Beginning in January 2016, E*TRADE will include information about accessibility improvements, as applicable, in the release notes for new E*TRADE Mobile App releases.
3.5.
The Parties recognize that E*TRADE may encounter unforeseen complications in meeting the accessibility timelines set forth in the Exhibits. Therefore, if E*TRADE determines it is necessary to extend any date(s) in any Exhibit for a period of thirty days or fewer, E*TRADE shall notify Claimants of the new date as soon as E*TRADE determines the new date. If E*TRADE proposes to extend any date by greater than thirty days, E*TRADE will provide Claimants with the new proposed schedule(s), and the reason(s) for the extension, and the Parties will negotiate a new date in good faith. Disputes regarding a requested extension of greater than thirty days will be resolved pursuant to Section 8 of this Agreement.
3.6.
Accessible PDFs.

3.6.1.
All E*TRADE-created PDF documents newly-posted on the E*TRADE Website, Mobile Apps or the Desktop Trading Platform on or after October 1, 2016 will be Accessible PDFs.
3.6.2.
No later than June 1, 2016, E*TRADE will conduct an inventory of all PDFs posted on the E*TRADE Website, Mobile Apps, or the Desktop Trading Platform and determine the top 75% most visited/downloaded PDF documents by E*TRADE clients. By September 15, 2016, E*TRADE will notify Claimants which PDF documents fall within the 75% most visited/downloaded category. No later than October 1, 2016, E*TRADE will ensure that the E*TRADE-created PDF documents in the top 75% most visited/downloaded are Accessible PDFs. No later than February 28, 2017, E*TRADE will ensure that the E*TRADE-created PDF documents posted on the E*TRADE Website, Mobile Apps, or the Desktop Trading Platform that are in the top 90% most visited/downloaded PDF documents are Accessible PDFs.
3.6.3.
Beginning October 1, 2016, if a Person with a Visual Impairment reasonably requests a specific E*TRADE-created PDF document that has not yet been posted as an Accessible PDF pursuant to Sections 3.6.1 and 3.6.2, E*TRADE will use best efforts to ensure that the requested PDF document is provided to the requester in an Accessible format within seven to ten business days after the request. Should the requested PDF document be required to conduct a timely account transaction, E*TRADE will assist the requester in conducting the transaction without the use of the PDF document.
3.7.
CAPTCHA. If any Completely Automated Public Turing Test to Tell Computers and Humans Apart or similar visual or textual Turing or reverse-Turing verification test (commonly known as “CAPTCHA”) is used on the E*TRADE Website, Mobile Apps or the Desktop Trading Platform, E*TRADE will use best efforts to incorporate alternative security measures that are usable by Persons with Visual Impairments without compromising E*TRADE security standards for all E*TRADE clients, according to the schedule set forth in the Exhibits.
3.8.
Third-Party Content. E*TRADE’s only obligations under this Settlement Agreement with respect to Third-Party Content are the following:

3.8.1.
Testing and Communications with Third Party Vendors. Periodically throughout the Term of the Agreement, E*TRADE will use best efforts to test customer-facing Third-Party Content on the E*TRADE Website, Mobile Apps and the Desktop Trading Platform to determine if it substantially conforms to the Access Standard. Where E*TRADE finds content that does not substantially conform to the Access Standard, or where Claimants notify E*TRADE of such content, E*TRADE will, within thirty (30) days of that discovery or notice, request in writing that the particular third party(ies) supplying that content to E*TRADE bring their content into substantial conformance with the Access Standard. E*TRADE will request a written response within thirty (30) days of its request.
3.8.2.
Best Efforts to Find Vendor Providing Accessible Content. If E*TRADE is notified that a third party vendor will not bring its content into substantial conformance with the Access Standard, after making the efforts described in 3.8.1, E*TRADE will use best efforts to find an alternative vendor that provides the content in substantial conformance with the Access Standard, subject to E*TRADE’s existing contractual obligations to the third party vendor, and to obtain a new vendor that provides the same services at the same quality and whose standards conform to E*TRADE’s internal Third-Party Oversight and vendor management requirements, including, but not limited to, elements relating to security, reliability, and regulatory requirements. E*TRADE will not be required to violate any confidentiality or other agreements with third parties for any purpose or to terminate any pending or existing third party vendor contract prior to its expiration date.
3.8.3.
New Third-Party Content After the Effective Date. If, on or after the Effective Date, E*TRADE issues requests for proposals for development or inclusion of the customer-facing Third-Party Content on E*TRADE Website, Mobile App or Desktop Trading Platform, E*TRADE will include substantial conformance with the Access Standard as a requirement in all such requests for proposals. E*TRADE will use best efforts to select third party vendors for customer-facing content who can substantially conform to the Access Standard, provided that those vendors also meet all other criteria in the request for proposals. If E*TRADE extends contracts for Third-Party Content existing as of the Effective Date, E*TRADE will ask that vendor to include substantial conformance with the Access Standard in the extended vendor contract. If the vendor is unable to do that, E*TRADE will use best efforts to find an alternative third party vendor to provide the same service, meeting all required E*TRADE criteria for that service, who can substantially conform to the Access Standard.
3.8.4.
Nothing in this Agreement shall preclude E*TRADE from including Third-Party Content on the E*TRADE Website, Mobile Apps or E*TRADE Desktop Trading Platform — even if such content does not substantially conform to the Access Standard — provided that E*TRADE complies with the terms of this Agreement.

4. Miscellaneous Digital Accessibility Provisions.

4.1.
Digital Accessibility Policy.

4.1.1.
No later than June 1, 2016, E*TRADE will develop an internal policy regarding the accessibility of E*TRADE Websites, E*TRADE Mobile Apps, and the E*TRADE Desktop Trading Platform (“Digital Accessibility Policy”) that, at a minimum, will include: (i) a statement of the Access Standard and E*TRADE’s commitment to use it; (ii) protocols for testing and measuring whether technology obtained from third party developers and vendors complies with the Access Standard; and (iii) methods by which E*TRADE clients can report web and mobile accessibility feedback and the process for addressing the feedback. E*TRADE will provide Claimants with a draft of the Digital Accessibility Policy prior to its being finalized. Claimants will provide their feedback on this draft policy within fifteen (15) days of receipt, and E*TRADE will consider the feedback provided by Claimants in good faith, and implement the policy within 30 days thereafter.
4.1.2.
E*TRADE will use best efforts to ensure the Digital Accessibility Policy is distributed, within 30 days of first implementation of the Policy and upon initial hire, and annually thereafter, to all employees, contractors, and Third Party Content providers who design, develop, maintain, or otherwise have responsibility for the E*TRADE Website, E*TRADE Mobile Apps, and the E*TRADE Desktop Trading Platform or who provide website or mobile content, technical support, or customer service.
4.2.
Usability Testing.

4.2.1.
Throughout the Duration of this Full Agreement, E*TRADE will consider in good faith feedback from Claimants regarding the accessibility and usability of the E*TRADE Website, Mobile Apps, and Desktop Trading Platform.
4.2.2.
E*TRADE will use best efforts to ensure that the E*TRADE Website, Mobile Apps, and Desktop Trading Platform are tested periodically throughout the Duration of this Agreement for usability by persons with disabilities and conformance with the Access Standard.
4.2.3.
If, during the Duration of this Agreement, E*TRADE plans to include a new CAPTCHA on the E*TRADE Website or Desktop Trading Platform, it will provide Claimants the opportunity to provide feedback on the alternative security measure to ensure that it is usable by them prior to the inclusion of the CAPTCHA on the E*TRADE Website or Desktop Trading Platform. E*TRADE will also use best efforts to ensure that the usability of any alternative security measure is tested prior to the inclusion of the CAPTCHA on the E*TRADE Website or Desktop Trading Platform.
4.2.4.
E*TRADE will give good faith consideration to all usability testing results and other feedback (collectively “Feedback”) provided pursuant to Section 4.2 consistent with the terms of this Agreement.
4.3.
Additional Testing. E*TRADE will continue, until the expiration of the Agreement, to ensure manual and user experience testing is used to help it assess the E*TRADE Website’s, Mobile Apps’, and Desktop Trading Platform’s conformance with the Access Standard. E*TRADE may also employ automated testing to supplement its manual and user testing.
4.4.
Mobile Resources. E*TRADE will ensure that employees who design, develop, maintain, or otherwise have responsibility for E*TRADE Mobile Apps are familiar with the following resources: (i) BBC Mobile Accessibility Standards and Guidelines at http://www.bbc.co.uk/guidelines/futuremedia/accessibility/mobile_access.shtml; (ii) Apple’s Accessibility for Developer resources at https://developer.apple.com/accessibility/; (iii) Android Accessibility resources at https://developer.android.com/guide/topics/ui/accessibility/index.html; and (iv) Information from the Web Accessibility Initiative on mobile accessibility at http://www.w3.org/TR/mobile-accessibility-mapping/.
4.5.
Digital Accessibility Governance Working Group. E*TRADE has established, and will maintain throughout the Duration of this Agreement, a Digital Accessibility Governance Working Group comprised of personnel with responsibility for meeting the Access Standard. The Working Group will include a variety of individuals who design, develop, maintain, or otherwise have responsibility for E*TRADE Website, E*TRADE Mobile Apps, and the E*TRADE Desktop Trading Platform or who provide website or mobile content, technical support, training or customer service in connection with accessibility and usability of the E*TRADE Websites, Desktop Trading Platform, and Mobile Apps to people with disabilities. The Working Group will meet as often as E*TRADE deems necessary to ensure compliance with the terms of this Agreement, but no less than semi-annually.

5. Accessibility Information on E*TRADE Website, Desktop Trading Platform and Mobile Apps.

5.1.
No later than September 30, 2016, E*TRADE will post an Accessibility Information page or tab on the E*TRADE Website, Desktop Trading Platform and Mobile Apps. The page or tab will include, at a minimum: (i) information regarding E*TRADE’s efforts to substantially conform to the Access Standard; (ii) information regarding use of the E*TRADE Website by Persons with Visual Impairments including usability tips; and (iii) a web-based (or e-mail) and telephone-based method for Persons with Visual Impairments to contact E*TRADE regarding accessibility concerns.
5.2.
E*TRADE will provide Claimants with a draft of the Accessibility Information page(s) or tab(s) prior to its/their being finalized. Claimants will provide their feedback on this information within fifteen (15) days of receipt, and E*TRADE will consider the feedback provided by Claimants in good faith. The Accessibility Information Page(s) or tab(s) will, at a minimum, be available from an easily findable location on the E*TRADE Website home page common footer and all other pages. It will also be listed as a help topic on the E*TRADE Website’s Help page(s) and will be available in an easily findable location on the E*TRADE Desktop Trading Platform, as well as E*TRADE Mobile Apps.

6. Reporting.

Within 30 days of the end of each Quarter during the Duration of this Full Agreement, starting with the end of Q1 2016, E*TRADE will report the following information to Claimants in writing or through a telephone conference: (i) all portions of the E*TRADE Website, Desktop Trading Platform and Mobile Apps that were remediated pursuant to the schedules in the Exhibits; (ii) any portions of the E*TRADE Website, Desktop Trading Platform and Mobile Apps that were not remediated pursuant to the schedules in the Exhibits; (iii) the reasons why any of the dates in the schedule(s) were not met; and (iv) a proposed revised timeframe for completing the remediation that was not completed pursuant to the schedule(s) set forth in the Exhibits. Any issues that are not resolved through the Parties’ discussions will be handled as a dispute pursuant to Section 8 of this Agreement.

7. Training of E*TRADE Staff.

To ensure effective implementation of this Agreement, E*TRADE will provide training to appropriate staff as set forth in this Section.

7.1.
Customer Service Staff. E*TRADE will provide training on the following subjects to customer service personnel who answer inquiries from E*TRADE clients and members of the general public: (i) appropriate communications with Persons with Visual Impairments; and (ii) how to route inquiries concerning digital accessibility issues to appropriate trained personnel for a timely response. E*TRADE will train new staff upon initial hire and will provide refresher training annually.
7.2.
Technical Support Staff. No later than July 31, 2016, E*TRADE will offer training on the following subjects to personnel who answer client inquiries regarding website and mobile technical support and accessibility issues: (i) the types of assistive technology used by web and mobile device users who are Persons with Visual Impairments; (ii) the fact that many computer users with disabilities rely solely on a keyboard, and do not use a mouse, to navigate a website; (iii) the existence and content of the Accessibility Information Page; (iv) the existence and content of E*TRADE Digital Accessibility Policy; and (v) internal E*TRADE procedures for reporting, logging, and resolving web and mobile accessibility and usability complaints. E*TRADE will train new staff upon initial hire and will provide refresher training to these employees annually.
7.3.
Web, Desktop Trading Platform, and Mobile Application Development Staff. During the course of the Parties’ negotiations, E*TRADE has developed and provided internal accessibility training for all E*TRADE employees responsible for ensuring that E*TRADE Website, Mobile Apps, and Desktop Trading Platform conform to the Access Standard. E*TRADE will provide the same or similar training to new employees, as appropriate, upon initial hire and will provide refresher training to all employees annually.

8. Procedures in the Event of Disputes.

8.1.
Notice of Non-Compliance. If a Party believes that any other Party has not complied with any provision of the Full Agreement, that Party shall provide the other Party with Notice of Non-Compliance containing the following information: (i) the alleged act of non-compliance; (ii) a reference to the specific provision(s) of the Settlement Agreement or Confidential Addendum that are involved; (iii) a statement of the remedial action sought by the initiating Party; and (iv) a brief statement of the specific facts, circumstances and legal argument supporting the position of the initiating Party.
8.2.
Response. Within thirty (30) days of receipt of a Notice provided pursuant to Section 8.1, the non-initiating Party shall respond to the initiating Party in writing.
8.3.
Meet and Confer. Within two weeks after the response described in Section 8.2, the Parties shall informally meet and confer and attempt to resolve the issues raised in the Notice.
8.4.
Submission to Mediation. If the matters raised in a Notice provided pursuant to 8.1 are not resolved within forty-five (45) days of the initial meet and confer required by Section 8.3, either Party may submit the unresolved matters to nonbinding mediation before a mutually agreed upon mediator affiliated with Judicial Arbitration & Mediation Services (“JAMS”), or such other mediator as the Parties may jointly designate.
8.5.
Submission to Arbitration. If mediation fails to resolve the matter, the Parties then will settle the matter finally by means of arbitration conducted by JAMS pursuant to its Streamlined Arbitration Rules and Procedures at a mutually convenient location. The award of the arbitrator will be enforceable in a court of competent jurisdiction.

9. Notice or Communication to Parties.

Any notice or communication required or permitted to be given to the Parties shall be given in writing by e-mail and by overnight express mail or United States first class mail, addressed as follows:

To: Claimants:

Linda M. Dardarian

c/o Goldstein, Borgen, Dardarian & Ho

300 Lakeside Drive, Suite 1000

Oakland, CA 94612

e-mail: ldardarian@gbdhlegal.com

Lainey Feingold (by email only)

Law Office of Lainey Feingold

e-mail: LF@LFLegal.com

To: E*TRADE:

Kristina Launey

Seyfarth Shaw LLP

400 Capitol Mall, Suite 2350

Sacramento, CA 95814

klauney@seyfarth.com

Minh N. Vu

Seyfarth Shaw LLP

975 F Street, N.W.

Washington, D.C. 20004

mvu@seyfarth.com

10. Publicity Regarding This Agreement and Its Terms.

The Parties will issue a joint press release on or about June 24, 2016. If the Parties cannot agree on a joint press release, either Party may issue its or their own press release, provided that: (i) the content is consistent with this Agreement; (ii) reflects the Parties’ collaboration; and (iii) a copy of the release is provided to all Parties and their counsel at least three business days before it is sent to the press. The Parties agree not to issue any press release related to this Agreement except as described in this Section.

11. Agreement Binding on Assigns and Successors; No Third Party Beneficiaries.

11.1.
Assigns and Successors. This Full Agreement shall bind any assigns and successors of the Parties, who have the right to implement the actions required.
11.2.
No Third Party Beneficiaries. This Full Agreement is for the benefit of the Parties hereto only and no other person or entity shall be entitled to rely hereon, receive any benefit herefrom, or enforce against any Party any provision hereof. The Parties specifically intend that there be no third party beneficiaries to this Full Agreement.

12. Force Majeure.

The performance of E*TRADE under this Full Agreement shall be excused during the period and to the extent that such performance is rendered impossible, impracticable or unduly burdensome due to acts of God, strikes or lockouts, unavailability of parts, equipment or materials through normal supply sources, security threat, or any other event of force majeure. If E*TRADE seeks to invoke this Section, it shall notify Claimants in writing as soon as reasonably practicable, specifying the particular action(s) that could not be performed and the specific reason for non-performance.Claimants’ Counsel and E*TRADE will thereafter meet and confer regarding an alternative schedule for completion of the action that could not be performed, or an alternative action. Any dispute regarding the applicability of this Section, or any future action to be taken, that remains after the meet and confer session will be handled as a dispute pursuant to Section 8 of this Agreement.

13. Recitals and Exhibits.

The terms of any Recital or any Exhibit attached hereto are fully incorporated into this Full Agreement and are an integral part thereof. The terms of this Full Agreement, where applicable, are fully incorporated into all Exhibits and are, where applicable, an integral part thereof. The use of the terms “Agreement” and “Full Agreement” herein includes the Exhibits.

14. Multiple Originals/Execution in Counterparts.

Each Party and Claimants’ Counsel shall sign one copy of this document and each such copy shall be considered an original. This document may be executed in counterparts and facsimile and PDF signatures shall be accepted as original.

15. Non-Admission of Liability.

In entering into the Full Agreement, E*TRADE does not admit, and specifically denies, that it has violated or failed to comply with the ADA or any other law related to accessibility.

16. Integrated Agreement.

The Full Agreement constitutes the entire agreement of the Parties relating to the subject matters addressed therein.

17. Modification Based on Change of Law or Regulations.

If, after the Effective Date, either Party believes that there is a change in any applicable law or regulation which requires a modification of this Agreement because it imposes a different obligation than provided in this Agreement, the Party shall notify the other Party in writing. The notification will include the way in which the Party contends the Agreement should be modified as a result of the change in law or regulation. The proposed modification will become effective thirty days after such notification unless the other Party objects in writing to the proposed modification. In the event of a disagreement between the Parties over the appropriate modifications to the Agreement as contemplated by this Section, the Parties shall meet and confer and shall work together in good faith to resolve the disagreement. Failure to reach agreement during such meet and confer shall be considered a dispute to be resolved pursuant to Section 8.

Exhibit A: Schedule for Website Remediation

E*TRADE will use best efforts to meet the following schedule while remediating access barriers on the E*TRADE Website, as set forth in Section 3.1 of the Agreement:

Website Experience Retrofits:

Completed no later than March 31, 2016
Forms & Applications
Security & Passwords
Customer service landing page
Contact Us tab panel content
Account Records \ Trade Confirmations
Account Records \ Managed Accounts
Account Records \ Employee Stock Plan
Customer Agreements
Privacy Policy
Forgot User ID
Reset User ID page
Completed no later than June 30, 2016
Contact Information
Bank Account Details
Bank Statements & Records
Bank Balances (Account Records)
Account Records \ Bank
Account Records \ Brokerage Paperless Settings
Completed no later than September 30, 2016
Account Preferences
One Time Password
Accessibility Overview (new page)
Products Overview
Tax Center
Tax Center \ Cost Basis Resources
Tax Center \ Taxable Gains & Losses
Tax Center \ Tax Documents and Resources
Tax Center \ Employee Stock Plan
Tax Center \ Schedules
Tax Center \ Futures – Tax
Completed no later than December 31, 2016
Active Trading
Disclosures
Futures Trading
International Investing
Options
Options Trading
Subscription Center
Automatic Investing – My Accounts
Automatic Investing – Products
E*TRADE Desktop Trading Platform (informational pages on Website)
Futures – Products
MarketCaster – Platforms
Common Footer
Launch E*TRADE Desktop Platform from website – launching page
Welcome Center
Alerts Message Details
Launch E*TRADE Desktop Platform from website – accept end user agreement
Alerts In Box
E*TRADE Mobile – Platforms (informational pages on Website)
Completed no later than March 31, 2017
All Tools (aggregation page)
Community
Credit Card
Discussion Boards
IPOs
Mortgages
Options Analyzer
Probability Calculator
Profile
Strategy Optimizer
E*TRADE API – Products
Completed no later than June 30, 2017
College Savings
Emergency Savings
Growing Your Savings
Investment Guidance
Life Events
Living in Retirement
Nearing Retirement
Retirement
Retirement Products
Starting to Save
Guidance & Advice Overview
Contribution Deadlines & Limits page
All Individual Retirement Accounts
Beneficiary IRA
Complete IRA
Individual 401(k)
Investment-Only Plan
IRA for Minors
OneStop Rollover
OneStop Rollover IRA
Rollover a Former Employer Plan
Rollover IRA
Roth IRA
SEP IRA
Simple IRA
Traditional IRA
Transfer an Existing IRA
All Small Business Plans
Bonds & Fixed Income Solutions
Compare Small Business Plans
Profit Sharing Plan
Small Business Plan Selector Tool
Unified Managed Account (UMA)
Managed Accounts – Guidance & Advice
Bond Fund Selector Tool
Bond Ladder Builder
Bonds & CDs

Website Experiences Redesign:

Completed no later than September 30, 2016
Bill Pay
My Stock Plan
Portfolios
Trade
Mini Quote Flyout on Homepage
Homepage (My Accounts)
Stock Plan Portfolios
Stock Plan Trade
Stock Plan Calculators
Stock Plan View Orders
Stock Plan Plan Elections
Stock Plan Company Info
Stock Plan Tax Center
Trade – Stocks
Trade – Mutual funds
Trade – Bonds
Trade – Options
Trade – Conditional
Customer Site Navigation
Markit On Demand (“MOD”) Quote Analyst Research
MOD US Markets
MOD Markets & News
MOD Global Markets
MOD Quote Snapshot Page
MOD Quote Chart Page
MOD Quote Chart Page (Large Chart Flyout)
MOD Quote News Page
MOD News
MOD Quote Snapshot – Options Tab
MOD Options Quote Snapshot (eg from chain)
MOD Stocks
MOD ETFs
MOD Mutual Funds
Completed no later than December 31, 2016
Account Transfer
Intra-Firm Transfer
Money Movement Overview
Money Transfer
Public Site
Real Time Account Opening for stock plan participants (RTAA)
Online Application (OLA)
Completed no later than June 30, 2017
Income Estimator
Inherited IRA Tool
IRA Rollover Tool
IRA Selector Tool
Managed Investment Portfolios (MIP)
Portfolio Analyzer
Commentary & Insights
Educational Resources
Investing Insights
Live Events
Education Overview
Risk Analyzer
Completed no later than December 31, 2017
Balances
Charts
Transaction History
View Orders
CAPTCHA

Exhibit B: Schedule for Desktop Trading Platform Remediation

E*TRADE will use best efforts to remediate access barriers on the E*TRADE Desktop Trading Platform, as set forth in Section 3.1 of the Agreement, by June 30, 2017.

Exhibit C: Schedule for Mobile Application Remediation

E*TRADE will use best efforts to meet the following schedule while remediating access barriers on the E*TRADE Mobile Applications, as set forth in Section 3.1 of the Agreement.

Completed no later than March 31, 2016
Login
Navigation
Portfolios
Accounts
Common Components (header, quote search, footer)
Settings
Completed no later than June 30, 2016
Check Deposit
Feedback Tool
Home Page “Dashboard”
Quote Details
Watch List
Trading (Phase 1: Stock)
Trading (Phase 2: Options, Conditionals, Mutual Funds)
Completed no later than September 30, 2016
News
Markets
Orders
Quick Transfer
Retirement Center
Completed no later than December 31, 2016
Alerts
Secure Message
Transactions
Completed no later than December 31, 2017
Bill Pay
Calendar
CNBC
Help
Screeners
Education (Videos)
ESP participant experiences (Overview, Portfolio, Trading)
Extend Accessibility to iPad

Simplified Summary

This is a settlement agreement between E*Trade and two blind customers.  The agreement is about E*Trade’s website, mobile applications and online trading platform. E*Trade has agreed to make these services accessible and usable for disabled customers.  This agreement was reached in Structured Negotiation.  No lawsuit was needed. Lainey Feingold and Linda Dardarian are the lawyers who worked with the bank on this effort.  The blind customers are Victor Tsaran and Pratik Patel [Back to the settlement agreement]