This notice has been approved by the United States District Court for the Northern District of California.
Be advised of the preliminary approval of the settlement of a class action lawsuit brought by Juan Alcazar and Pamela Williams (the “Named Plaintiffs”) against Miele, Inc. (“Miele”) and the application for attorney’s fees filed by Class Counsel. The named plaintiffs, individually and on behalf of all members of the Settlement Class, as defined below, allege that, as individuals with visual impairments, they were denied equal access to or enjoyment of Miele’s websites, www.miele.com, and www.mieleusa.com (the “Website”). Miele denies the Named Plaintiff’s allegations and denies any fault or wrongdoing whatsoever.
Under the proposed settlement, Miele will make certain changes to the website and mobile applications (as set forth in the Class Action Settlement Agreement and Release) in exchange for the settlement classes releasing claims regarding the accessibility of the website and mobile applications. A Final Approval and Fairness Hearing on the proposed settlement and approval of fees to class counsel is scheduled for Thursday, Nov. 10, 2022, at 2:30 p.m., in the courtroom of Judge Vince Chhabria, for the United States District Court for the Northern District of California, Courtroom 4 – 17th Floor, 450 Golden Gate Ave., San Francisco, CA 94102.
Additional case documents have been posted on the Settlement Website, www.ADAWebsiteComplianceSettlement.com. It contains important information about your legal rights concerning the proposed settlement of this lawsuit. The below is a summary of the Notice.
1. Who are members of the Settlement Class?
The court has preliminarily approved the following settlement class: All individuals who (a) have a visual disability, as that term is defined under the ADA and similar state and local disability laws, (b) have accessed the website and/or mobile applications and (c) have been denied equal access as a result of their disability.
2. What are the benefits of the proposed settlement?
Under the settlement agreement, Miele has agreed to make certain accessibility modifications to the website and mobile applications. Those changes include:
Modifying the website and mobile applications to improve accessibility and to provide individuals with disabilities full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations offered through the website and mobile applications by having the website and mobile applications substantially usable by screen reader software for website and mobile applications users in the future. Miele shall use WCAG 2.0 Level AA or higher as a guideline in making such improvements. Miele can link to third-party websites and/or include third-party content on the website and mobile applications (e.g., any web content that is dictated or generated by a third party and is not owned, coded, managed, and/or operated by the Released Parties (including, but not limited to, plug-ins, forms, PDF files, social media and YouTube© videos)), without being required to undertake, to complete remediation for, or to be responsible or liable for any form of third-party content that is incorporated into the website and mobile applications.
3. How could the settlement affect your legal rights?
If Judge Vince Chhabria grants final approval, members of the class will release all claims for discrimination and denial of equal access on the basis of visual disability arising from defendant’s practices or procedures in connection with, or the condition of, the websites and mobile applications owned or operated by Miele at the time of the court’s final approval of the settlement, or as the websites and/or mobile applications may be modified under the terms of the settlement.
4. When and where will the Final Approval and Fairness Hearing take place?
A hearing will be held on Thursday, Nov. 10, 2022, at 2:30 p.m., in the courtroom of the Honorable Vince Chhabria, for the United States District Court for the Northern District of California, Courtroom 4 – 17th Floor, 450 Golden Gate Ave., San Francisco, CA 94102.
5. What Are My Options?
a. Do Nothing.
You are not required to take any action. If you do nothing, you will enjoy the benefit of the injunctive relief, should this settlement be finally approved. You will be bound by the settlement, and your claims under this lawsuit will be extinguished.
b. Object to the Settlement
You can object to the settlement, including any objection to class counsel’s request for attorneys’ fees and costs, telling the court the reasons why you do not think the settlement should be approved. If you object, you will remain a class member and will be bound by the settlement should it be finally approved by the court. Your objection must be mailed by first class U.S. mail to the court and the settlement administrator, and must be postmarked by Oct. 14, 2022.
c. Opt Out of the Settlement
Any class member may opt out of the case by submitting a written Request for Exclusion with the Settlement Administrator at Alcazar v. Miele Inc. Claims Administrator, P.O. Box 26170, Santa Ana, CA 92799. To be timely, a Request for Exclusion must be postmarked no later than Oct. 14, 2022. Any class member who submits a timely exclusion to the settlement will not be bound by the terms of the settlement and will not extinguish any claims thereby.
6. How can you get more information?
You can obtain a copy of the complete settlement agreement from class counsel using the contact information listed below. You may also inspect the non-confidential parts of the case file in this lawsuit by going to the website of the U.S. District Court for the Northern District of California (www.pacer.gov). Additionally, information and case documents will be posted on the Settlement Website www.ADAWebsiteComplianceSettlement.com. Finally, you may contact the Claims Administrator at 1-866-602-5907 or at Alcazar v. Miele Inc. Claims Administrator, P.O. Box 26170, Santa Ana, CA 92799.