Daily Dicta: New ADA Shakedown? Dozens of Merchants Sued for Failing to Offer Gift Cards in Braille
Plaintiffs lawyers are testing a new theory that store gift cards are a "public accommodation" and subject to the ADA. Or not.
October 31, 2019 at 02:48 AM
4 minute read
More than 60 retailers, restaurant chains and movie theatres in the past week have been hit with cookie-cutter class actions in the Southern District of New York testing a novel legal theory: that the merchants' gift cards violate the Americans with Disabilities Act because they don't have writing in Braille.
We're talking Nordstrom and Macys; CVS and Walgreens; Regal Cinemas and AMC Entertainment; McDonalds and Burger King; Whole Foods and Trader Joes; Home Depot and Bed Bath & Beyond; Petsmart and Build-a-Bear; Olive Garden and Applebee's.
Just visualize a well-stocked gift card display and sue everyone but Starbucks—allegedly the only merchant that offers gift cards with Braille.
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