New Release DVD Class Action Alleges Rental Kiosks Discriminatory

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A Pennsylvania class action lawsuit alleges that New Release DVD LLC operates DVD rental kiosks that are not compliant with the Americans with Disabilities Act (ADA).

Specifically, the complaint alleges that the touch screen display of the kiosks are not operable by blind people, in violation of federal and Pennsylvania law.

“The kiosks make use of an exclusively visual interface that requires users to identify and interact with command icons to browse film titles visually, on the screen, without any adaptive features to accommodate visually-impaired individuals,” the class action asserts. “As a result, all of the services and features provided at Defendant’s kiosks are only available to sighted customers.”

The ADA compliance class action lawsuit states that New Release DVD operates roughly 130 kiosks mostly in Pennsylvania, with some in Maryland.

The complaint notes that automated, self-service shopping is becoming “increasing common, and thus necessary, way people shop.”

In addition, many of the New Release DVD kiosks are in rural parts of Pennsylvania, “where few (if any) alternatives exist for consumers to rent DVDs and Blue-Ray Discs.”

The class action contends that visually impaired individuals enjoy watching and listening to a wide variety of movies both by themselves and with family or friends.

The complaint states that more than 270,000 visually impaired people live in Pennsylvania, making it the fourth-largest visually impaired population in the U.S.

Because the touch screen interface of New Release DVD kiosks do not have features to assist the blind, “visually-impaired individuals must seek the assistance of companions, strangers, or other third parties in order to use Defendant’s kiosks.”

Plaintiff April Nguyen states that she is a resident of Pennsylvania, and has papilledema, making her legally blind.

Nguyen says she attempted to rent a DVD from one of defendant’s kiosks in July, but was unable to do so because the interface is exclusively based on sight.

Nguyen asserts that she frequently visits this location, but “must rely on the assistance of family members, travel companions, and/or strangers in order to complete the transaction” with New Release DVD’s kiosk.

This is a violation of the requirements of the ADA, according to the class action. The ADA prohibits discrimination against people with disabilities in any “public accommodation,” such as publicly assessable DVD rental kiosks.

Discrimination includes “failure to make reasonable modifications” so people with disabilities can enjoy the same “goods, services, facilities, privileges, advantages, or accommodations” as others.

The class action asserts that technology exists and is readily available to assist the visually impaired, such as tactile controls or screen reading technology that is widely used by ATMs.

Because New Release DVD has not made similar accommodations to its rental kiosks in Pennsylvania, it has violated the ADA, Nguyen says.

The ADA compliance lawsuit requests certification of a Class of “all legally blind individuals who have been and/or are being denied access to Defendant’s kiosks within the Commonwealth of Pennsylvania.”

The class action seeks an injunction requiring New Release DVD to make its kiosks accessible to the visually impaired, as well as require future monitoring of continued compliance with the ADA.

Nguyen is represented by Arkady “Eric” Rayz and Demetri A. Braynin of Kalikhman & Rayz LLC and Gerald D. Wells III and Robert J. Gray of Connelly Wells & Gray LLP.

The New Release DVD Kiosk ADA Compliance Class Action Lawsuit is April Nguyen v. New Release DVD LLC, et al., Case No. 5:16-cv-06296, in the U.S. District Court for the Eastern District of Pennsylvania.