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The Container Store Group, Inc. was hit with a class action lawsuit in a Massachusetts federal court, alleging that the retailer discriminates against its blind customers.
Plaintiffs Mark Cadigan, Mika Pyyhkala, Lisa Irving, Arthur Jacobs, Jeanine Kay Lineback and Heather Albright, who are all legally blind, along with the National Federation of the Blind, claim the class action lawsuit that blind customers who shop at The Container Store are not able to use their debit cards to make purchases because they use flat touch screens without tactile keypads.
They claim that this violates requirements under the Americans with Disabilities Act (ADA), which demands that retailers “provide the same access to its blind or visually impaired customers that its sighted customers enjoy.”
In addition, blind customers aren’t able to participate in the company’s promotional program without disclosing their email addresses and phone numbers verbally, which compromises the privacy and security of their private information if they want to take part in The Container Store’s loyalty program, called “POP!,” which stands for “Perfectly Organized Perks.”
Those who are blind aren’t able to pay with debit cards without disclosing their information because The Container Store doesn’t supply tactile keypads at all of its stores, the class action lawsuit says.
The plaintiffs say that they find this “especially surprising given that eleven of its seventy stores are based in California, where tactually discernible POS Devices have been explicitly required since 2010.”
“In addition, more than a year ago, the Department of Justice — the administrative agency charged by Congress with implementing the requirements of the ADA — made public its position that merchants throughout the United States (and not just in California) are required to provide blind or visually impaired customers a physical keypad or other alternative means to securely input their PIN numbers when purchasing goods or services,” The Container Store class action lawsuit says.
While debit cards can be used like a credit card, without the need to enter a PIN, “a customer’s use of a debit card instead of a credit card affords the added protection of requiring a PIN to complete the transaction. This extra layer of protection is important in the event a card is lost or stolen.”
However, “for a blind or visually impaired customer who is required to disclose that PIN in order to proceed with a transaction, that security is compromised.”
The Justice Department has said in similar cases that “considerations such as security or confidentiality of banking information are important in determining whether an auxiliary aid or service is appropriate, and requiring disclosure of a confidential PIN is not an appropriate auxiliary aid or service.”
All the plaintiffs claim that they shopped at The Container Store but were unable to make a debit card purchases because of the touchscreen POS devices the retailer employs. Some also claim that in order to participate in The Container Store’s loyalty program that they had to disclose their personal information publicly.
They are looking to represent a nationwide class of legally blind Container Store customers along with a California, Massachusetts, New York, and Texas subclasses.
In addition to violating the ADA, the plaintiffs are also charging The Container Store with violating Massachusetts’ Public Accommodations Act, Massachusetts’ Equal Rights Act, California’s Unruh Civil Rights Act, California’s Disabled Persons Act, California’s Unfair Competition Law, New York’s Human Rights Law, New York’s Civil Rights Law, and Texas’ Human Resources Code.
The plaintiffs are represented by Jeremy Weltman of Kerstein Coren & Lichtenstein LLP, Jana Eisinger and Douglas W. Lambalot of Martinez Law Group PC, Scott C. LaBarre of LaBarre Law Offices PC and Timothy Elder of TRE Legal Practice LLC.
Counsel information for The Container Store is not yet available.
The Container Store Class Action Lawsuit is National Federation of the Blind et al. v. The Container Store Inc., Case No. 1:15-cv-12984, in the U.S. District Court for Massachusetts.
UPDATE: On June 24, 2020, a federal judge said The Container Store can escape a class action lawsuit that claimed blind customers couldn’t checkout as required under the Americans with Disabilities Act.
