Class action suit alleges POS devices in Apple stores discriminate against the visually impaired
A new class action lawsuit against Apple alleges that the company is in violation of Title III of the Americans with Disabilities Act for not designing and providing store employees with point of sale devices (POS) that can independently be used by blind people.
According to the suit, which was filed last week in the US District Court for the Southern District of Florida, visually impaired individuals purchasing an Apple product with a debit card can not independently enter their PIN into Apple's point of sale device. As a result, the plaintiff argues that Apple is denying him and other similarly situated individuals with the ability to fully and equally enjoy the goods, services, and advantages the company provides to the public at large.
Further, the plaintiff argues that a large number of other retailers already use POS devices with "tactiley discernible keypad surfaces", implying that there's no reason why Apple can't do the same.
The complaint reads in part:
Plaintiff 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.
Defendant does not provide any auxiliary aids or services calculated to make its POS Devices fully accessible to, and independently usable by, blind people.
As a result of Defendant's non-compliance with the ADA, Plaintiff and the Class, unlike persons without visual impairments, cannot independently make a debit purchase at Defendant's stores
With respect to recourse, the plaintiff is seeking an injunction that would require Apple to either update or replace its current fleet of POS devices as to make them independently usable by the visually impaired, and thus ADA compliant. The complaint also argues that Apple can, without any undue burden, implement "auxiliary aids and services" to address the issue.
Otherwise, the complaint states that Apple's non-compliance would effectively force blind people to part ways with their private banking information (their PIN) if they wish to make debit card purchases.
Originally put into law in 1990, Title III of the Americans with Disabilities Act requires that places of public accommodation be readily accessible and usable by individuals with disabilities.
You can check out the full complaint below.
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