Disney Class Action Says Gift Cards Need Braille Option

A class action lawsuit has been filed against The Walt Disney Company by a visually-impaired customer who claims that the company does not sell gift cards that are written Braille, in violation of the Americans with Disabilities Act.

Plaintiff Kathy Wu says Disney’s gift cards are not equally accessible to blind and visually-impaired consumers and she seeks a permanent injunction to have the company change its policies.

The plaintiff claims that, on Oct. 25, 2019, she asked The Walt Disney Company if they sold gift cards containing Braille and was told by an employee that the company does not sell such types of cards.

“The Plaintiff intends to immediately purchase at least one store gift card from the Defendant as soon as the Defendant sells store gift cards containing Braille,” The Walt Disney Company class action lawsuit states.

Wu says Braille is not new and that Braille books and other publications have been available for more than 100 years.

In addition, the plaintiff asserts that the only gift card on the market that contains Braille are those that are issued by Starbucks.

Wu notes that store gift cards are usually the same size and texture a credit cards, which makes them hard to distinguish by a blind person.

The Walt Disney Company class action lawsuit also claims that visually-impaired customers have to rely on the assistance of a sighted person in picking out a Disney gift card.

“A very simple and inexpensive solution by the addition of Braille with the name of the issuing merchant and the denomination on the gift card and on the packaging would remedy this obstacle for blind persons and their discrimination,” the Disney class action lawsuit argues.

The plaintiff claims that because of the defendant’s refusal to provide gift cards in Braille, visually-impaired persons are being denied equal access to Disney’s retail stores and the goods and services offered through gift cards.

Wu says that because of the barriers on Disney’s gift cards, she has been discouraged from visiting The Disney Store.

The Disney class action lawsuit also states, “If the store gift cards were equally accessible to all, Plaintiff could independently purchase the store gift cards and complete a desired transaction utilizing gift cards as sighted individuals do.”

The plaintiff claims that because Disney could easily change their gift cards to provide access to visually-impaired customers, the company is engaging in “acts of intentional discrimination.”

In addition, The Walt Disney Company class action lawsuit claims that the defendant does not have a plan and policy that would make the gift cards equally accessible to blind and other visually-impaired consumers.

“Without injunctive relief, Plaintiff and other visually-impaired consumers will continue to be unable to independently use the store gift cards, violating their rights,” Wu alleges.

The plaintiff claims that Disney has violated the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law.

Are you visually-impaired and find it difficult to purchase and use gift cards? Leave a message in the comments section below.

The plaintiff is represented by Darryn G. Solotoff of The Law Office of Darryn Solotoff PLLC and Jeffrey M. Gottlieb and Dana L. Gottlieb of Gottlieb & Associates.

The Walt Disney Company Gift Card Class Action Lawsuit is Kathy Wu v. The Walt Disney Company, Case No. 1:19-cv-06175, in the U.S. District Court for the Eastern District of New York.

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