Kay Jewelers Faces Class Action Lawsuit from Blind Customers

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A legally blind man from Pennsylvania alleges in a new class action lawsuit that Kay Jewelers and its parent company Signet Jewelers Ltd. do not comply with the Americans with Disabilities Act (ADA) because it is impossible for those with sight issues to complete debit card transactions without revealing personal information.

Specifically, unlike point-of-sale (POS) systems in use by other retailers and automated teller machines that incorporate Braille to aid the blind in navigating the number pads to input their PINs, Robert Jahoda alleges that machines at Kay Jewelers are impossible for people like him to use as they are completely flat.

He is seeking an injunction against the company so that it will “take all steps necessary to bring its POS Devices into full compliance with the requirements set forth in the [Americans with Disabilities Act],” particularly Title III which requires “places of public accommodation” to be accessible to those citizens with various protected disabilities.

More importantly, according to the ADA class action lawsuit, it is not a significant imposition because devices “with tactilely discernible keypad surfaces… are readily available and in fact used by a substantial percentage of retail merchants.”

Jahoda did not outline which locations were included in his class action lawsuit, but did allege that he visited a Kay Jewelers location where they were not installed and upon investigation, his legal team found other instances. Were the situation remedied, the class action lawsuit says that Jahoda would continue to shop at the store and make purchases if his rights are protected moving forward.

In addition to seeking an injunction on the allegedly illegal business practices, Jahoda is also seeking declaratory judgment guaranteeing the rights of the Pennsylvania man and other blind customers who have tried to complete debit card purchases at stores, or any other type of purchase that would require them to audibly provide personal financial including PINs and other information that could contribute to fraud.

Jahoda filed a similar class action lawsuit against Hobby Lobby Stores Inc. in November, alleging that the retailer’s POS devices are not ADA compliant for blind consumers.

Jahoda is represented by class action lawyers R. Bruce Carlson, Stephanie K. Goldin and Carlos Diaz of Carlson Lynch Ltd.

The Kay Jewelers ADA Class Action Lawsuit is Robert Jahoda v. Signet Jewelers Ltd., d/b/a Kay Jewelers, Case No. 13-cv-01729, U.S. District Court, Western District of Pennsylvania.