[nfbmi-talk] blind pose case in penn

[joe harcz Comcast]

Looks like a good suit to me....

We've got the same issue at numerous stores here in Michigan, but then again we can't even get accessable information from BSBP or anywhere in state government in a timely manner.

JOe
Wawa Forces Blind Customers To Reveal PINs, Suit Says

 

By Daniel Siegal

0 Comments

Law360, Los Angeles (January 15, 2014, 2:09 PM ET) --

Wawa Inc.

was hit with a proposed class action in Pennsylvania federal court Monday alleging the convenience-store chain violated federal law by failing to provide

point-of-sale devices with textured keys, forcing blind customers to divulge their PINs when making debit card purchases.

Debra Rozear's complaint accuses the Pennsylvania-based company of failing to comply with Title III of the Americans with Disabilities Act by only providing

flat touch-screen devices for customers to use when making debit card purchases.

 

According to the complaint, because the company's machines do not feature textured keys that blind individuals can use to input their information, those

individuals must share their PIN in order to make a debit card purchase on the device, which leaves the blind individual susceptible to bank fraud.

 

“Defendant's noncompliance threatens blind people with the loss of their private banking information,” the complaint said. “Blind people who wish to make

a debit purchase at defendant's stores have no choice but to reveal their private PINs to others to complete the debit purchase.”

 

According to the complaint, Rozear attempted to make a purchase at a Wawa in Bethlehem, Pa., earlier this month, but was unable to do so independently because

the store's point-of-sale device only had a flat touch-screen.

 

The complaint says that based on a subsequent investigation performed on Rozear's behalf, a significant number of other point-of-sale devices in Wawa stores

are similarly not useable by the blind.

 

“Defendant does not provide any auxiliary aids or services calculated to make its [point-of-sale] devices fully accessible to, and independently usable

by, blind people,” Rozear says.

 

Wawa has locations in Delaware, Florida, Maryland, New Jersey, Pennsylvania and Virginia.

 

Providing auxiliary aids or services to enable blind people to use its point-of-sale devices would not alter Wawa's business or be an undue burden to the

chain, according to the complaint.

 

Rozear is seeking a declaratory judgment that Wawa violated the ADA and a permanent injunction requiring Wawa to make its point-of-sale devices useable

by blind people, or provide auxiliary aids or services.

 

Representatives for the parties did not immediately respond to requests for comment Tuesday.

 

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

 

Counsel information for Wawa was not immediately available.

 

The case is Rozear v. Wawa Inc., case number

5:14-cv-00164,

in the U.S. District Court for the Eastern District of Pennsylvania.

 

--Editing by Andrew Park.

 

 

http://www.law360.com/articles/500831/wawa-forces-blind-customers-to-reveal-pins-suit-says