Tiffany & Co. Class Action Says Gift Cards Should Be Offered In Braille

Tiffany & Company has been hit with a class action lawsuit from a visually impaired customer who claims that the luxury jewelry store does not sell gift cards that contain writing in Braille, in violation of the Americans with Disabilities Act (ADA).

Plaintiff Yony Sosa says that on Nov. 18, 2019, he contacted Tiffany and asked them if they sold gift cards in Braille and was told by one of the employees that they do not.

“Defendant has failed to provide visually impaired patrons with the particular level of services available to non-disabled patrons. Accordingly, Defendant has violated the non-discrimination mandate of the ADA,” the Tiffany class action lawsuit claims.

The plaintiff is seeking a permanent injunction to cause a change in the defendant’s corporate practices so that their store gift cards can be available to blind and visually impaired customers.

Sosa states that he will immediately purchase at least one store gift card from Tiffany & Co. once they start selling gift cards in Braille.

The Tiffany class action lawsuit claims that Starbucks is the only store that sells gift cards containing Braille. The plaintiff alleges that gift cards are indistinguishable by a visually impaired person from credit cards and other types of gift cards.

Sosa claims that a simple and inexpensive remedy to this issue would be for merchants to offer cards with the name of the merchant, the denomination, and the packaging in Braille.

“The addition of Braille would restore the dignity to blind persons and also help prevent fraud or errors to these vulnerable members of our society,” the Tiffany class action lawsuit states.

The plaintiff claims that due to the defendant’s failure to offer store gift cards in Braille, the plaintiff and other visually impaired persons are denied equal access to the defendant’s retail stores and the numerous benefits that are offered to those who are not visually impaired.

The Tiffany class action lawsuit states that, due to the access barriers of not selling store gift cards in Braille, the plaintiff has not visited the store’s physical locations.

Sosa says that if store gift cards were equally accessible to all, he would be able to independently purchase the cards and complete a transaction just as sighted individuals do.

“Because simple changes to store gift cards would provide Plaintiff and other visually-impaired consumers with equal access to store gift cards and therefore Defendant’s locations, Plaintiff alleges that Defendant has engaged in acts of intentional discrimination,” Sosa claims.

The plaintiff states that Tiffany currently does not have a plan or policy in place to make gift cards equally accessible to blind and other visually impaired customers.

Without a permanent injunction put in place by the court, the plaintiff and other visually impaired customers will continue to be not able to independently use the store gift cards, which violates their rights.

The plaintiff claims that Tiffany & Company has violated the ADA, New York State Human Rights Law, and New York City Human Rights Law.

Are you visually impaired and would like to purchase store gift cards? Leave a message in the comment section below.

The plaintiff is represented by Zare Khorozian of Zare Khorozian Law LLC and Jeffrey M. Gottlieb and Dana L. Gottlieb of Gottlieb & Associates.

The Tiffany Gift Card Class Action Lawsuit is Yony Sosa v. Tiffany and Company, Case No. 1:19-cv-10754-JPO, in the U.S. District Court for the Southern District of New York.

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