HomeGoods Hit with POS Device Class Action Lawsuit

On Dec. 3, HomeGoods Inc. was hit with a proposed class action lawsuit, which alleges the retail store failed to make point-of-sale devices (or POS devices) accessible to consumers with visual impairments or blindness.

Plaintiff Maria Santos, a resident of California, filed this HomeGoods class action lawsuit alleging that by neglecting to accommodate the needs of customers with visual impairments during sales transactions, the retailer violates the Americans with Disabilities Act (ADA) and California state’s disability law and business code.

Santos claims that customers with visual impairments or blindness cannot determine which numbers are which on HomeGoods’ POS device flat screen. This forces these consumers with disabilities to tell HomeGoods employees their PIN numbers in order to complete their in-store purchases.

“Defendant has discriminated against Plaintiff and the Class in that it has failed to provide auxiliary aids and services calculated to make its POS Devices fully accessible to, and independently usable by, individuals who are blind,” the HomeGoods class action lawsuit alleges. “Providing the auxiliary aids and services mandated by the ADA would neither fundamentally alter the nature of Defendant’s business nor result in an undue burden to Defendant.”

Santos is seeking to represent herself in this HomeGoods class action lawsuit, as well as a Class of HomeGoods consumers that would include “all legally blind individuals who have attempted, or will attempt, to make a debit purchase with Defendant’s POS Devices at its stores throughout the United States.” The plaintiff has filed several allegations against HomeGoods in this POS device class action lawsuit, including claims of violations of Title III, California Financial Code, Unruh Civil Rights Act, California Civil Code, among other claims.

Santos is seeking relief from Home Goods in the form of damages, payment of attorney’s fees, a permanent injunction to make POS device accessible and independently usable by consumers with visual impairments and/or blindness, and any other forms of relief so deemed fit by the court.

This is not the only POS device class action lawsuit filed against a retail company within the last few months. Kay Jewelers Inc., Williams-Sonoma Inc., Apple Inc., Build-A-Bear Workshop Inc., and Office Depot Inc. have also been hit with similar ADA violation claims over individual POS device accessibility for consumers with visual impairments.  This has even extended into the online shopping world, in which consumers have questioned whether retail websites should be compatible screen-reading software used by the many consumers with visual impairments.

Santos is represented by Michael Harrison of The Santa Clarita Law Firm.

The HomeGoods Point-of-Sale Device Class Action Lawsuit is Maria Santos v. HomeGoods Inc., Case No. 2:14-cv-09296, in the U.S. District Court for the Central District of California.