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The latest in a spate of disabled access class action lawsuits is targeting convenience store chain Wawa and alleges that the company fails to make its point-of-sale (POS) systems accessible to the blind or nearly-blind without having to disclose personal identifying numbers (PINs) to cashiers to complete a transaction.
Plaintiff Debra Rozear alleges in the class action lawsuit that the keypads on the credit/debit card reading devices do not contain any raised guides on the numerical keys so that an impaired individual “does not have the ability to independently make a debit purchase.” As a result, consumers may be at risk because by openly providing personal information, they might be the subject of fraud if that information was used by someone else.
This is allegedly in violation of Title III of the American with Disabilities Act (ADA) because retailers and other public entities are supposed to make reasonable accommodations. Moreover, the complaint alleges that this situation is in fact the case throughout the entire chain’s stores. Rozear is seeking injunctive relief through the installation of systems the plaintiff considers ADA-compliant or by the provision of “any auxiliary aids or services calculated to make [Wawa] POS devices fully accessible to, and independently usable by, blind people.”
This is not onerous, according to the class action, a key factor in the “reasonable accommodation” language of the federal statute. Reportedly, “P08 Devices with tactilely discernible keypad surfaces—which are independently usable by a blind or visually impaired individual—are readily available and in fact used by a substantial percentage of retail merchants.”
The law firm representing Rozear has filed at least three other class action lawsuits citing violations of the Americans with Disabilities Act as it pertains to these POS systems on behalf of another client. Named defendants include the parent companies Hobby Lobby, clothing retailer Express Inc., and Kay Jewelers. Similar allegations are made of the problems regarding debit card transactions, the desire for injunctive relief and the fact that the plaintiffs would otherwise be ongoing customers of the retail merchants were their personal information protected.
Rozear is represented by class action lawyers Bruce Carlson, Stephanie K. Goldin and Carlos Diaz of Carlson Lynch Ltd.
The Wawa ADA Class Action Lawsuit is Debra Rozear v. Wawa Inc., Case No. 14-cv-00164, U.S. District Court, Eastern District of Pennsylvania.
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One thought on Blind Customer Access Class Action Targets Wawa Convenience Stores
Add me to this claim please