United States of America v. Ahold USA, Inc. and Peapod, LLC - Settlement Agreement

TITLE III COVERAGE

7. Peapod is a private entity; it owns and/or operates www.peapod.com, a website that is available through the Internet to personal computers, laptops, mobile devices, tablets, and other similar technology across the United States and which is a sales and service establishment whose operations affect commerce. 42 U.S.C. §§ 12181(7), 12182(a); 28 C.F.R. §§ 36.104, 36.201(a). Peapod is a public accommodation subject to Title III of the ADA. 42 U.S.C. § 12181(7); 28 C.F.R. § 36.104.

8. The Attorney General is authorized to conduct periodic reviews of covered entities' compliance with Title III of the ADA, 42 U.S.C. § 12188(b)(l)(A)(i), 28 C.F.R. § 36.502(c).

9. The Attorney General is also authorized to bring a civil action on behalf of the United States in federal court if the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of discrimination or any person with a disability or group of persons with disabilities has been discriminated against and such discrimination raises an issue of general public importance, 42 U.S.C. § 12188(b )(1 )(B).

10. The Parties agree that it is in their best interests, and the United States believes that it is in the public interest, to voluntarily enter into this Agreement. Peapod expressly denies that it has violated Title III of the ADA, and by entering into this Agreement, does not admit any wrongdoing. The Parties agree as follows: