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A class action lawsuit claims that Krispy Kreme should provide gift cards in Braille to make them accessible to the visually impaired.
The Krispy Kreme class action lawsuit was filed by Victor Lopez who says he is a legally blind person who requires Braille to read written material.
Allegedly, he recently called Krispy Kreme to ask if they sold gift cards containing Braille. Lopez says he was told that the company did not sell such cards.
Lopez claims that he intends to immediately purchase at least one store gift card from Krispy Kreme as soon as the company starts selling Braille gift cards.
The plaintiff alleges that Krispy Kreme fails to comply with the Americans with Disabilities Act by not providing gift cards in Braille, and inso doing, has denied full and equal access of Krispy Kreme services.
The Krispy Kreme class action lawsuit says that Lopez and other blind individuals have regularly been prevented from accessing Krispy Kreme’s stores and goods because of the lack of availability of Braille gift cards.
The Krispy Kreme gift card class action lawsuit notes that in recent years, gift cards have become increasingly popular. The cards allegedly offer flexibility to the recipient, and present an easy gift-giving option to the giver.
Additionally, the Krispy Kreme gift card class action lawsuit says that some customers use them for budgetary reasons, or prefer to use gift cards for purchase rather than carry around cash.
The Krispy Kreme Braille gift card class action lawsuit goes on to say that there is only one Braille gift card on the market — offered by Starbucks.
Allegedly, the lack of availability of Braille gift cards requires blind customers to rely on the help of a sighted person to purchase the gift card or use it. Lopez says that the shape and size of the gift cards often make them indistinguishable from other cards, and therefore make them difficult or impossible to use without Braille.
Lopez claims that it would be simple and inexpensive for Krispy Kreme to add the name of their business and the amount of the gift card in Braille, as well as on the packaging of the card.
According to Lopez, “The addition of Braille would restore the dignity to blind persons and also help prevent fraud or errors to these vulnerable members of society.”
The Braille gift cards class action lawsuit says that Krispy Kreme intentionally violates the ADA by not selling gift cards that are accessible to blind people, and by not taking steps to correct this discrimination.
Have you been unable to purchase a Braille gift card when you wanted to? Share your experience in the comments below.
Lopez is represented by Bradly G. Marks of The Marks Law Firm PC, and by Jeffrey M. Gottlieb and Dana L. Gottlieb of Gottlieb & Associates.
The Krispy Kreme Braille Gift Card Class Action Lawsuit is Victor Lopez, et al. v. Krispy Kreme Doughnut Corporation, Case No. 1:19-cv-09859, in the U.S. District Court for the Southern District of New York.
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