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A recent Vans class action lawsuit claims that the clothing and shoe retailer violates federal law by failing to provide gift cards in Braille.
Braille is a tactile writing system used to help blind and visually impaired people read written material.
Plaintiff Victor Lopez is reportedly a legally blind person who uses Braille regularly.
In November, Lopez says he contacted Vans to see if they sold gift cards containing Braille.
According to his recent class action, Lopez was informed that the store does not offer Braille gift cards. He alleges that he is unable to access the same goods and services from Vans stores due to the lack of Braille gift cards.
“Defendant has not and does not sell Braille store gift cards to consumers and, upon information and belief, does not presently have any plans to do so,” the Vans class action lawsuit claims.
“Defendant has sold store gift cards, presently sells store gift cards and, upon information and belief, intends to continue selling store gift cards that do not contain Braille.”
According to the Vans class action lawsuit, the retailer’s lack of Braille gift cards is a violation of the Americans with Disabilities Act (ADA). The ADA protects people with disabilities including individuals who are blind or visually impaired.
Under the ADA, public accommodations are required to provide aids which allow disabled individuals to have equal access to their goods and services.
Lopez claims that Vans violates the ADA by failing to provide equal access to gift cards for visually impaired or blind individuals. The Vans class action says that Lopez and other consumers are injured by this behavior, especially considering the growing popularity of gift cards.
Unfortunately, the lack of Braille gift cards allegedly seen in Vans stores is reportedly common. According to Lopez, there is only one Braille gift card on the market – a card issued by Starbucks.
“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,” Lopez claims in his Vans class action.
“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.”
Lopez seeks to represent a Class of legally blind individuals who would like independent access to Vans gift cards and who have been denied access to the equal enjoyment of goods and services offered at Vans’ physical locations.
Companies such as Disney and Tiffany & Co. have faced similar claims of ADA violations due to alleged failure to provide Braille gift cards.
Did you shop at a store that did not offer gift cards with Braille writing? Share your experiences in the comment section below.
Lopez and the proposed Class are represented by Bradly G. Marks of The Marks Law Firm PC as well as Jeffery M. Gottlieb and Dana L. Gottlieb of Gottlieb & Associates.
The Vans Braille Gift Card Class Action Lawsuit is Lopez v. Vans Inc., Case No. 1:19-cv-11809-AJN, in the U.S. District Court for the Southern District of New York.
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