National Federation of the Blind and USA v. HRB Digital LLC and HRB Tax Group, Inc. - Consent Decree

IV. REPORTING, ENFORCEMENT, AND OTHER PROVISIONS

26. Reporting: H&R Block shall provide the following information in electronic format to the Private Plaintiffs and the Department of Justice as set forth below:

a. By September 15, 2014, and every six (6) months thereafter for the term of this Decree, the Web Accessibility Coordinator(s) shall submit a report detailing H&R Block’s compliance and any lack thereof with this Consent Decree, including the requirements identified in Paragraphs 12-23. Each report shall include an explanation of each action Defendants have taken in response to each comment provided by visitors to www.hrblock.com pursuant to Paragraph 16, or if no action is taken in response to a particular comment, Defendants shall include an explanation why.

b. Within ten (10) business days after completing each automated test required by Paragraph 20, H&R Block shall provide:

i. a report identifying the results of the automated testing conducted on www.hrblock.com and the Online Tax Preparation Product; and

ii. log-in credentials to remotely access the beta or release candidates of www.hrblock.com or the Online Tax Preparation Product to test and verify their conformance with WCAG 2.0 AA.

c. The civil penalty payment and all notices and reports that Defendants are required to send to counsel for the United States under this Consent Decree, shall be sent by Federal Express mail, prepaid delivery, to: United States Department of Justice, Civil Rights Division, Disability Rights Section—1425 New York Avenue, NW, 4th Floor, Washington, D.C. 20005.

27. If the United States or the Private Plaintiffs believes that this Consent Decree or any portion of it has been violated, they shall give notice (including reasonable particulars) of such violation to Defendants. Defendants must respond to such notice as soon as practicable but no later than thirty (30) days thereafter. The United States and/or the Private Plaintiffs and the Defendants shall negotiate in good faith in an attempt to resolve any dispute relating thereto; if the parties are unable to reach a mutually acceptable resolution, the United States or the Private Plaintiffs may seek court enforcement of compliance with this Decree. Nothing in this Decree, however, shall prevent the Private Plaintiffs or the United States from (1) filing a separate lawsuit against Defendants for any violations or potential violations of the ADA or any other federal or state law, other than the violations alleged in the United States’ and Private Plaintiffs’ Complaints in the above-titled action; or (2) filing a separate lawsuit against Defendants for actions or omissions that constitute a violation of this Decree if such actions or omissions also constitute a violation of the ADA and cause an injury to the Private Plaintiffs or any other party.

28. This Consent Decree shall become effective as of the date of the Court’s entry of it and shall remain in effect for five (5) years from that date.

29. This Consent Decree does not purport to remedy any violations or potential violations of the ADA or any other federal or state law, other than the violations alleged in the United States’ and Private Plaintiffs’ Complaints in the above-titled action.

30. Except as addressed in the additional terms between the Private Plaintiffs and H&R Block contained in a separate Agreement pursuant to Paragraph 36 of this Decree, this Consent Decree contains the entire agreement of the Private Plaintiffs, the United States, and H&R Block concerning the subject matter described in Paragraphs 2-3, and no other statement, promise, or agreement, either written or oral, made by any party or agent of any party, that is not contained in this Consent Decree, and concerns the subject matter described in Paragraphs 2-3, shall be enforceable.

31. No modification of this Consent Decree shall be effective unless approved by the Court.

32. If any provision of this Consent Decree is determined to be invalid, unenforceable, or otherwise contrary to applicable law, such provision shall be deemed restated to reflect as nearly as possible and to the fullest extent permitted by applicable law its original intent and shall not, in any event, affect any other provisions, all of which shall remain valid and enforceable to the fullest extent permitted by applicable law.

33. This Consent Decree shall be binding on: HRB Digital LLC and HRB Tax Group, Inc. and their respective subsidiaries, agents, employees, officers, and contractors. In the event that HRB Digital LLC or HRB Tax Group, Inc. seek to transfer or assign all or part of their interest in any service covered by this Decree, and the successor or assign intends on carrying on the same or similar use of the website or online services, then as a condition of sale, the corporation shall obtain the written accession of the successor or assign to any obligations remaining under this Decree for the remaining term of this Decree.

34. Failure by the United States or the Private Plaintiffs to seek enforcement of this Decree pursuant to its terms with respect to any instance or provision shall not be construed as a waiver to such enforcement with regard to other instances or provisions.

35. H&R Block shall provide a copy of the Decree to any person upon request.

36. HRB Digital LLC, HRB Tax Group, Inc., and the Private Plaintiffs may enter additional private agreements to which the United States is not a party.

37. The Private Plaintiffs, the United States, and H&R Block agree that, as of the date of entry of this Consent Decree, litigation is not “reasonably foreseeable” concerning the matters described in Paragraphs 2-3. To the extent that any of these parties previously implemented a litigation hold to preserve documents, electronically stored information, or things related to the matters described in Paragraphs 2-3, the party is no longer required to maintain such a litigation hold. Nothing in this paragraph relieves any party of any other obligations imposed by this Consent Decree.

38. If the Private Plaintiffs, the United States, and H&R Block disagree about any topic about which the parties are required to come to an agreement under this Consent Decree (e.g., the identity of the Web Accessibility Consultant), after following the procedures set out in this Consent Decree, the parties shall meet and confer in a good-faith effort to resolve the disagreement. If the parties are unable to reach agreement after 60 days of good-faith negotiations, the Private Plaintiffs and the United States may use the procedure set out in Paragraph 27 above.

39. The Definitions attached to this Decree are incorporated within the terms of this Decree.

40. Procedure for Approval by U.S. and Private Plaintiffs of Specific Provisions: For provisions that require the approval of the U.S. and the Private Plaintiffs in Paragraphs 14, 20, and 23, H&R Block shall submit its proposed policy, tool, or consultant 30 days before the deadline set out in the paragraph. The U.S. and Private Plaintiffs shall have 15 days to approve, or propose changes to H&R Block’s proposal, which H&R Block shall accept. Private Plaintiffs and the United States shall not unreasonably withhold such approval.

41. The signatories represent that they have the authority to bind the respective parties identified below to the terms of this Decree.

SO ORDERED this 25th day of March, 2014.

_______/s/______________________
Honorable George A. O’Toole, Jr.
District Judge
District of Massachusetts

 

AGREED AND CONSENTED TO:

FOR THE PRIVATE PLAINTIFFS

 

___________________________
DANIEL F. GOLDSTEIN
GREGORY P. CARE
BROWN, GOLDSTEIN & LEVY, LLP
120 East Baltimore Street, Ste. 1700
Baltimore, MD 21202
Phone: 410-962-1030
Fax: 410-385-0869
dfg@browngold.com
gpc@browngold.com

CHRISTINE M. NETSKI
Sugarman, Rogers, Barshak & Cohen, P.C.
101 Merrimac Street
Boston, MA 02114-4737
Phone: 617-227-3030
Fax: 617-523-4001
netski@srbc.com

Dated:    February 26, 2014

 

COUNSEL FOR THE DEFENDANTS:

__________________________
DAVID F. MCDOWELL
JEREMIAH LEVINE
MORRISON & FOERSTER LLP
707 Wilshire Boulevard, Suite 6000
Los Angeles, California 90017
DMcDowell@mofo.com

LASHANN M. DEARCY
MORRISON & FOERSTER LLP
1290 Avenue of the Americas
New York, NY 10104-0050
ldearcy@mofo.com

Dated:    3/4/14 
 

FOR HRB DIGITAL LLC:

_____Jason Houseworth__________________
Name

____________________________________
Signature
 
_________President_______________
Title

Dated: _____3/3/14________________

 

FOR HRB TAX GROUP, INC.:

________Jason Houseworth____________
Name

___________________________________
Signature

____________President_____________
Title

Dated: ________3/3/14____________

FOR THE UNITED STATES:

ERIC H. HOLDER, JR.
Attorney General of the United States

CARMEN M. ORTIZ
United States Attorney
District of Massachusetts

JOCELYN SAMUELS
Acting Assistant Attorney General

BECKY L. MONROE
Senior Counsel to the Assistant Attorney General
Civil Rights Division

REBECCA B. BOND, Chief
SHEILA M. FORAN, Special Legal Counsel
AMANDA MAISELS, Acting Deputy Chief
Disability Rights Section

_________________________
STEPHEN P. HEYMANN
SONYA A. RAO Assistant United States Attorneys
United States Attorney’s Office
U.S. Department of Justice
John Joseph Moakley
Federal Courthouse
1 Courthouse Way
Suite 9200
Boston, MA 02210
617-748-3100
Stephen.Heymann@usdoj.gov
ATTORNEY TO BE NOTICED

Dated:     March 3, 2014 

_________________________
EUGENIA ESCH, Trial Attorney
WILLIAM F. LYNCH, Trial Attorney
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue,
N.W. – NYA Washington, D.C. 20530
(202) 305-2008 (Lynch)
(202) 305-9775 (Fax)
Eugenia.Esch@usdoj.gov
William.Lynch@usdoj.gov
ATTORNEYS TO BE NOTICED

Dated:     March 6, 2014