Charles Schwab 2024 Web and Mobile Accessibility Settlement Agreement Schwab will use WCAG 2.2 AA as its digital accessibility standard

Posted on Updated on January 3, 2025

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This is a legal agreement between Charles Schwab & Co., Inc. and four blind Schwab clients. In the agreement, Schwab agreed to improve the accessibility of its websites and mobile app so it is easier for disabled people to use. Schwab will use an accessibility standard called the Web Content Accessibility Guidelines 2.2 Level AA. Schwab worked in collaboration with its blind clients and their lawyers, and accessibility improvements are underway. There was no lawsuit filed to reach the agreement. Instead the parties used a process called Structured Negotiation. This method helps people solve legal problems without going to court. Lainey has used Structured Negotiation for almost thirty years to advance digital accessibility across the United States. She has written a book about the method. In this Schwab case, the other lawyer who represented the blind customers with Washington DC civil rights lawyer Matt Handley.

corner of a keyboard with the word Accessibility and a wheelchair icon replacing words on the shift key

This post sets forth the settlement agreement between Charles Schwab and four of its blind customers/clients about the accessibility of Schwab digital properties. The financial giant’s digital properties are defined in the agreement as “schwab.com and Schwab Mobile as well as Thinkorswim web and potential future Schwab web-based and mobile apps used by its retail clients for managing accounts and portfolios and for performing and reviewing tradesits website accessibility.”

Schwab has begun making accessibility enhancements and will continue doing so. As stated in the agreement below, the company has adopted the Web Content Accessibility Guidelines (WCAG) 2.2 Level AA as its web and mobile accessibility standard. The agreement also has provisions about training, testing, procurement, policy, and other components of a robust accessibility program.

No lawsuit was needed to reach this agreement. Schwab engaged in the Structured Negotiations process with its four blind clients who were represented by Matt Handley of the Washington D.C. firm of Handley, Farah, & Anderson and by the Law Office of Lainey Feingold.

Lainey congratulates Schwab and appreciates its willingness to collaborate in the Structured Negotiation process to advance digital accessibility for its clients with disabilities.

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 Jon Carmain, Joel Isaac, Kit Lau and Victor Tsaran (collectively referred to as “Claimants”) on the one hand and Charles Schwab & Co., Inc. (“Schwab”) on the other hand. Together Claimants and Schwab are referred to as the Parties.

RECITALS

This Agreement is based on the following facts:

1.
Claimants are persons with visual impairments and long-time customers of Schwab.
2.
Schwab is a securities broker-dealer providing financial services to individuals and institutional clients. Schwab operates a website that is available to the public at schwab.com, a mobile app known as Schwab Mobile, and other platforms used by its clients to manage accounts and portfolios and for performing and reviewing trades, including Thinkorswim.
3.
In June 2023, the Parties agreed to enter into a Structured Negotiation in connection with the claims Claimants raised concerning accessibility barriers on Schwab Digital Properties, as that term is defined below. Since that time, the Parties have worked together in good faith to resolve those claims.
4.
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, Schwab 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 terms or provisions, nor any of the negotiations connected with it, shall be construed as an admission or concession by Schwab 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 Schwab 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
Access Laws: The Americans with Disabilities Act and any applicable laws of any state, county, or municipality relating to accessibility for persons with disabilities to places of public accommodation, any regulations or guidelines promulgated pursuant to those statutes, or any other applicable disability laws, regulations, or legal requirements, including, without limitation, California Civil Code §§ 51, et seq. and 54, et seq.
1.2
Access Standard: The standard for web and mobile accessibility is the Web Content Accessibility Guidelines (“WCAG”) 2.2 Conformance Level AA.
1.3
Claimants’ Counsel: Handley Farah & Anderson PLLC, The Law Office of Lainey Feingold, and the attorneys practicing law in those offices/firms.
1.4
Effective Date: August 26, 2024.
1.5
Schwab Digital Properties: This term includes schwab.com and Schwab Mobile as well as Thinkorswim web and potential future Schwab web-based and mobile apps used by its retail clients for managing accounts and portfolios and for performing and reviewing trades.
1.6
Person(s) with a Visual Impairment: Any person who has a physical, mental or sensory impairment that substantially limits them in the major life activity of seeing.
1.7
Third-Party Content: Web content that is not developed or owned by Schwab.

2. Duration of Agreement.

Unless any term of the Full Agreement states otherwise, the terms of the Full Agreement shall remain in effect from the Effective Date through October 31, 2026.

3. Accessibility Provisions.

3.1 General
3.1.1
Schwab will use good faith efforts to ensure that the Schwab Digital Properties conform to the Access Standard, as defined in Paragraph 1.2, pursuant to the time frames specified below. The Parties recognize that some WCAG 2.2 Level A and AA Success Criteria address features or design elements that may not be used on Schwab Digital Properties and in such circumstances conformance with those Success Criteria is not required.
3.1.2
Except as otherwise stated in the Exhibit, Schwab has or will complete remediation to the Access Standard of the issues identified in Exhibit 1 to the Confidential Addendum by September 30, 2024.
3.1.3
By September 30, 2024, Schwab has or will use good faith efforts to remediate any critical conformance issues on TOS Web to conform with the Access Standard. For purposes of this Agreement, “critical conformance issues” mean those that result in serious barriers or blocked content for people with disabilities.
3.1.4
Beginning on the Effective Date, Schwab will test all newly-created content on the Schwab Digital Properties prior to release of the content for conformance with the Access Standard. Such content shall conform with the Access Standard prior to release.
3.1.5
By September 30, 2024, Schwab has or will use good faith efforts to remediate any critical conformance issues on the top 10 experiences on the schwab.com public site to conform to the Access Standard.
3.1.6
By September 30, 2024, Schwab has or will use good faith efforts to remediate any critical conformance issues on the top 10 experiences on the schwab.com client site to conform to the Access Standard.
3.1.7
By December 31, 2024, Schwab will use good faith efforts to remediate any critical conformance issues on the top 10 experiences on the Schwab Mobile application to conform to the Access Standard.
3.1.8
By September 30, 2024, Schwab will have evaluated the remaining experiences on the Schwab Digital Properties and, by December 31, 2024, have a plan in place to remediate all remaining critical and high barriers on the Schwab Digital Properties not otherwise addressed in this Agreement by the Expiration Date or determined that the experience will be retired within twelve months. All other issues will be addressed pursuant to the Digital Accessibility Standard in place at the time.
3.1.9
Timeline Modifications. The Parties recognize that Schwab may encounter unforeseen complications in meeting the accessibility timeline set forth in this Paragraph. Therefore, in the event that Schwab determines that it is necessary to extend any deadline(s) for a period of thirty (30) days or less, Schwab shall notify Counsel of the new deadline in writing. If Schwab proposes to extend any of those deadlines for a period of more than 30 days, Schwab will provide Counsel with the new proposed deadline(s), and the reason(s) for the extension in writing, and the Parties will negotiate about the new deadline in good faith. Disputes regarding a requested extension of more than thirty days will be resolved pursuant to the Dispute Resolution provisions of this Agreement.
3.1.10
To the extent a new version of WCAG is adopted by the W3C during the term of the Agreement, Schwab will use good faith efforts to conform the top 10 experiences of the Schwab Digital Properties, and all new or updated content, to the new WCAG criteria within 12 months of the update.
3.1.11
Unless separately agreed by the Parties, Schwab will not meet any obligation set forth in this Agreement by licensing, purchasing, or otherwise using any software tool that: (1) requires users to download particular assistive technology to obtain any accessibility features on the Schwab Digital Properties; or (2) promises ADA compliance upon the installation of one line of code.
3.2 CAPTCHA and Two-Factor Verification
3.2.1
Schwab will not use any Completely Automated Public Turing Test to Tell Computers and Humans Apart or similar visual or textual Turing or reverse-Turing verification test (referred herein as “CAPTCHA”) that is not accessible to or usable by Persons with Visual Impairments.
3.2.2
If any two factor verification system is used on the Schwab Digital Properties after the Effective Date, Schwab will ensure that such systems conform to the Access Standard, as defined in Paragraph 1.2.
3.3 Third-Party Content. Schwab’s only obligations under this Agreement with respect to Third-Party Content are the following:
3.3.1
Testing and Communications with Vendors of Third Party Content. While meeting the timelines set forth in Paragraph 3, Schwab will test Third-Party Content on the Schwab Digital Properties to determine if the content meets the Access Standard. Where Schwab finds content that does not satisfy the Access Standard, or where Claimants notify Schwab of such content, within thirty days Schwab will request in writing that the vendor supplying the Third Party Content to Schwab bring the content into conformance with the Access Standard. Schwab will request a written response within thirty (30) days from the vendor.
3.3.2
If Schwab is notified that a vendor of Third Party Content will not bring its content into conformance with the Access Standard, Schwab will use good faith efforts to find an alternative vendor that provides the content that conforms with the Access Standard subject to Schwab’s existing contractual obligations to the Third Party Content vendor. Schwab will not be required to violate any confidentiality or non-disclosure agreements for any purpose or to terminate a pending Third Party Content vendor contract prior to its natural expiration date.
3.3.3
New Third Party Content after the Effective Date. If, on or after the Effective Date, Schwab issues requests for proposals for development or inclusion of Third-Party Content on Schwab Digital Properties, Schwab will include conformance with WCAG 2.2 Level A and AA Success Criteria as a requirement in all such requests for proposals and vendor contracts. Schwab will use good faith efforts to select Third Party vendors who can meet this criteria in addition to other criteria in the request for proposals and vendor contracts.
3.3.4
Nothing in this Agreement shall preclude Schwab from including Third-Party Content on the Schwab Digital Properties – even if such content does not satisfy the Access Standard – provided that Schwab complies with the terms of this Agreement. During the term of the Agreement, Schwab will inform Claimants of Third-Party Content on the Schwab Digital Properties that does not conform with the Access Standard to the extent Schwab is aware of such content. Schwab will make available to all Schwab staff involved in the procurement of Third-Party Content the Accessible Procurement Toolkit and other resources published on the Disability:IN Procure Access web portal found here: https://disabilityin.org/what-we-do/procure-access/#accessible-procurement-toolkit.

4. Miscellaneous Digital Accessibility Provisions

4.1 Digital Accessibility Policy.
4.1.1
Schwab will maintain a Digital Accessibility Standard (also known as a policy) consistent with this Agreement during the Term of this Agreement.
4.1.2
Schwab will use reasonable efforts to ensure the Digital Accessibility Standard is posted on its intranet and made available to all employees, contractors, and all vendors of Third-Party Content who design, develop, maintain, or otherwise have responsibility for the Schwab Digital Properties, or who provide customer service related to the Schwab Digital Properties.
4.2 Usability Testing.
4.2.1
In accordance with Section 6.2 of the Agreement, throughout the Duration of this Full Agreement, in good faith Schwab will consider and act on feedback from Claimants regarding the accessibility and usability of the Schwab Digital Properties.
4.2.2
Schwab will use reasonable efforts to ensure that the Schwab Digital Properties are tested quarterly during the Duration of this Agreement for usability by persons with disabilities. Newly- designed and/or developed content will be tested throughout the design and development cycle. Schwab will use good faith efforts to have blind testers with trading experience perform the testing pursuant to this Paragraph.
4.2.3
Schwab will give good faith consideration to and, if appropriate, act on usability testing results and other feedback (collectively “Feedback”) provided pursuant to this Paragraph 4.2.
4.3 Additional Testing.
Schwab will continue to use a combination of manual and automated testing to help it assess Schwab Digital Properties’ conformance with the Access Standard.
4.4 Mobile Resources.
Schwab employees who design, develop, maintain, or otherwise have responsibility for Schwab’s mobile apps are familiar with the following resources: (i) Apple’s Accessibility for Developer resources at https://developer.apple.com/accessibility/; and (ii) Android Accessibility resources at https://developer.android.com/guide/topics/ui/accessibility/index.html.
4.5 Digital Accessibility Working Group.
Schwab will maintain throughout the Duration of this Agreement, a Digital Accessibility Working Group comprised of personnel with responsibility for meeting the Access Standard and other requirements of this Agreement. The Working Group will include individuals who design, develop, maintain, procure, or otherwise have responsibility for the Schwab Digital Properties or who provide website or mobile content, technical support, training or customer service in connection with accessibility and usability of the Schwab Digital Properties to people with disabilities. The Working Group will meet as often as Schwab deems necessary to ensure compliance with the terms of this Agreement.

5. Accessibility Information on Schwab Digital Properties.

5.1
Schwab will maintain on its website a Digital Accessibility Statement.

6. Monitoring and Reporting.

6.1
Within 30 days of the end of the each quarter during the Duration of this Full Agreement, starting with the end of Q3 2024, Schwab will report the following information to Claimants in writing: (i) all portions of the Schwab Digital Properties that were remediated pursuant to the schedules in the Agreement in the preceding quarter; (ii) any portions of the Schwab Digital Properties that were not remediated pursuant to the schedules in the Agreement in the preceding quarter; (iii) the reasons why any of the dates in the schedule(s) were not met; (iv) a proposed revised timeframe for completing the remediation that was not completed pursuant to the schedule(s) set forth in the Agreement; and (v) any written comments Schwab received (redacted to remove personal identifiers) from persons commenting on the accessibility of the Schwab Digital Properties in the previous quarter. If any Party requests to discuss this information following receipt of the report, the Parties shall promptly schedule a virtual meeting for this purpose. Any issues that are not resolved through the Parties’ discussions will be handled as a dispute pursuant to Paragraph 8 of this Agreement.
6.2
Throughout the term of the Agreement, Schwab will provide Claimants with a monthly update of any accessibility issues Claimants have provided to Schwab. Such update will be in the form of the chart attached as Exhibit 1 to the Confidential Addendum.

7. Training of Schwab Staff.

To ensure effective implementation of this Agreement, Schwab will provide training as described in Exhibit 2 to the Confidential Addendum to appropriate staff.

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
Within thirty (30) days of receipt of a Notice provided pursuant to Paragraph 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 Paragraph 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 Paragraph 8.1 are not resolved within sixty (60) days of the initial meet and confer required by Paragraph 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. Joint Press Release.

On an agreed upon date after the Effective Date, Claimants and Schwab will jointly issue a press release announcing Schwab’s accessibility initiative as described in this Agreement. Schwab will draft the joint press release in collaboration with Claimants. The Parties agree not to issue any press release related to this Agreement except as described in this Section.

10. 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:

Matthew Handley
Handley Farah & Anderson PLLC
1201 Connecticut Avenue, NW
Suite 200K
Washington, DC 20036
e-mail: [email omitted]

Lainey Feingold (by email only)
Law Office of Lainey Feingold
e-mail: [email omitted]

To: Eventbrite:

Kristina Launey
400 Capitol Mall, Suite 2300
Sacramento, CA 95814
[email omitted]

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 only and no other person or entity shall be entitled to rely, receive any benefit, or enforce against any Party any provision of this Full Agreement. The Parties specifically intend that there be no third-party beneficiaries to this Full Agreement.

12. Force Majeure.

The performance of Schwab 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 Schwab seeks to invoke this Paragraph, 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 Schwab 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 Paragraph, or any future action to be taken, that remains after the meet and confer session will be handled as a dispute pursuant to Paragraph 8 of this Agreement.

13. 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 PDF/DocuSign signatures shall be accepted as original.

14. Non-Admission of Liability.

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

15. Integrated Agreement.

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

16. 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 Paragraph, 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 Paragraph 8.

Signed:

  • Jon Carmain
  • Joel Isaac
  • Kit Lau
  • Victor Tsaran
  • Charles Schwab & Co., Inc.

As to the form of the Agreement:

  • Matthew Handley, Handley, Farar & Anderson
  • Lainey Feingold, Law Office of Lainey Feingold