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ARTICLE · 20 MAY 2020

The End Of ADA Gift Card Litigation?

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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Last October, I blogged about a flood of "copy-and-paste" gift card litigation against retailers alleging that gift cards must be embossed in Braille in order to comply with the Americans...

United StatesLitigation, Mediation & Arbitration

Last October, I blogged about a flood of "copy-and-paste" gift card litigation against retailers alleging that gift cards must be embossed in Braille in order to comply with the Americans with Disabilities Act ("ADA") and related state laws.  On April 23rd, Judge Woods of the Southern District of New York—in the first published opinion that we are aware of on this issue—ruled that the ADA does not require retailers to stock Braille, or any other type of accessible gift cards.  See Dominguez v. Banana Republic, No. 1:19cv10171, 2020 WL 1950496 (S.D.N.Y. Apr. 23, 2020).

In this case, the plaintiff allegedly called defendant Banana Republic's customer service office to ask whether the company sold Braille gift cards.  After an employee told him that Banana Republic does not, plaintiff sued Banana Republic under the ADA and related New York disability laws seeking damages, an injunction requiring Banana Republic to provide accessible gift cards, and attorney's fees. 

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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