Blind Customer Files Three New Class Action Lawsuits Over POS Machines

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Class action lawsuits accuse retailers of violating the Americans with Disabilities Act by using POS systems that don’t allow blind customers to privately enter their PIN numbers.

Plaintiff Robert Jahoda is at it again, hitting three new retailers with virtually identical class action lawsuits alleging they violate the Americans with Disabilities Act (ADA) by failing to provide point-of-sale machines that can be used independently by blind or visually-impaired customers, forcing them to divulge their personal identification numbers (PINs) when making purchases with debit cards.

Jahoda, who is legally blind, filed the class action lawsuits against The Kroger Co., J. Crew Group Inc. and Build-A-Bear Workshop Inc., claiming they violate Title III of the ADA by providing flat-screen point-of-sale (POS) devices that cannot be used independently by blind or visually impaired customers. This lack of compliance forces blind customers to divulge their PINs if they wish to use a debit card to purchase merchandise, putting them at risk of bank fraud.

These are just the latest of the growing number of similar class action lawsuits filed by Jahoda. He has also hit Williams-Sonoma Inc., Chico’s, Express Inc., Kay Jewelers, Office Depot Inc. and Hobby Lobby Stores Inc. with lawsuits bearing the same accusations. He has dismissed similar lawsuits against American Eagle Outfitters Inc. and J.C. Penney Co. Inc.

Last week, plaintiff Debra Rozear filed a similar class action lawsuit against the convenience store chain Wawa.

“POS devices with tactilely discernible keypad surfaces—which are independently usable by a blind or visually impaired individual—are readily available and in fact used by a substantial percentage of retail merchants,” the class action lawsuits state.

Jahoda states that he “intends to continue to be a customer of Defendant’s stores, and desires to make future payments by debit card. However, unless Defendant is required to install ADA compliant POS devices, plaintiff will continue to be unable to independently make payments for any purchases by debit card.”

The ADA, signed into law by President H.W. Bush in 1990, prohibits discrimination on the basis of disability. It provides protections to individuals with disabilities. Title III of the ADA requires places of public accommodation to be readily accessible to, and independently usable by, individuals with disabilities.

By filing these class action lawsuits, Jahoda seeks to represent a class of similarly situated individuals. Further, he seeks a declaration that the defendants’ POS devices violate the federal ADA and an injunction requiring the companies to update or replace all POS devices that are not compliant with ADA regulations “so that they are fully accessible to, and independently usable by, blind or visually impaired individuals.”

Jahoda is also requesting the court to retain jurisdiction over the class action lawsuits to ensure that the defendants comply with the ADA regarding the accessibility of its POS systems to blind and visually-impaired customers.

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

The ADA Class Action Lawsuits are Robert Jahoda v. Build-A-Bear Workshop Inc., Case No. 2:14-cv-00083; Robert Jahoda v. The Kroger Co. d/b/a Littman Jewelers, Case No. 2:14-cv-00080; and Robert Jahoda v. J. Crew Group Inc., Case No. 2:14-cv-00079, all in the U.S. District Court for the Western District of Pennsylvania.