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Person signs name on credit-card reader for point-of-sale system

A federal judge recently 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.

U.S. Magistrate Judge M. Page Kelley recently recommended that The Container Store Group Inc. should win their motion for summary judgement in the ADA class action lawsuit.

According to the judge, the claims in the 2015 class action are no longer applicable since the retailer replaced the touchpad checkout devices at issue with new equipment that provides accessibility to blind shoppers.

In her recommendation, Judge Kelley says the “implementation of tactilely-discernible keypads to make debit card purchases and the multiple new ways to access its loyalty program since that time render the claim moot.”

The judge further argues that it is “highly unlikely” The Container Store would “revert” to using non-accessible checkout devices due to the hundreds of thousands of dollars the company spent to swap out the systems.

Since the changes were finalized in July 2019, Judge Kelley notes, none of the plaintiffs have reported “issues with respect to initiating a debit card purchase, enrolling in defendant’s loyalty program, or associating a purchase with an existing loyalty account.” Based on this, the judge says the plaintiffs’ claims are not likely to be relevant again in the future.

“The court recommends dismissing plaintiffs’ declaratory judgment claim with respect to the arbitration provision,” the recommendation concludes. “Regardless of whether the plaintiffs who enrolled in the loyalty program had standing when they filed their second amended complaint, subsequent events now render their claims moot.”

ADA paperwork on desk with computer keyboard, book and glasses

Judge Kelley’s recommendation doesn’t automatically mean the case will be dismissed by U.S. District Judge Nathaniel M. Gorton, as he will have the final say.

However, the recommendation may be used by Gorton when making a decision. Both parties have the opportunity to respond to Judge Kelley’s recommendation.

The Container Store class action lawsuit was filed in 2015 by the National Federation of the Blind along with six named plaintiffs.

According to the complaint, blind customers were unable to make purchases in-store with their debit card due to inaccessible point-of-sale systems.

The inaccessible payment systems allegedly used flat touchscreens without tactile keypads, making it impossible for visually impaired or blind customers to use them. According to the plaintiffs, The Container Store payment systems prohibited blind or visually impaired consumers from using their debit card to make purchases.

As an additional result of the inaccessible systems, the plaintiffs claim they and other customers were unable to participate in The Container Store reward program “POP!,” which stands for “Perfectly Organized Perks.” Due to the touchscreen payment systems, the consumers were allegedly forced to disclose their email addresses and phone numbers verbally. The plaintiffs claimed this forced them to violate the privacy and security of their private information if they wished to take part in the rewards program.

The Container Store class action lawsuit claimed that the inaccessible payment systems violated the Americans with Disabilities Act, which requires retailers to “provide the same access to its blind or visually impaired customers that its sighted customers enjoy.”

The plaintiffs noted the ADA violations were “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 claimed.

The Container Store tried to compel arbitration in the ADA class action lawsuit, but Judge Gorton denied the request in 2016. The judge found that the organization company hadn’t shown that blind customers were given notice of the arbitration agreement and agreed to such terms. In 2018, this ruling was affirmed by the First Circuit.

Have you shopped at The Container Store or another retailer that lacked accessibility features? Share your story in the comment section below.

The National Federation of the Blind and named plaintiffs are represented by Jeremy Y. Weltman of Hermes Netburn O’Connor & Spearing PC, Timothy Elder of TRE Legal Practice, Jana Eisinger and Scott C. LaBarre.

The Container Store ADA Class Action Lawsuit is National Federation of the Blind, et al. v. The Container Store Group Inc., Case No. 1:15-cv-12984, in the U.S. District Court for the District of Massachusetts.

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