News

Disability rights advocates support equal access to self-service

Redbox recently settled a lawsuit brought by advocates for the blind over end-user issues with the company's DVD kiosks.

September 11, 2014

Redbox recently settled a lawsuit brought by advocates for the blind over end-user issues with the company's DVD kiosks, according to the Americans with Disabilities Act Title III News and Insights blog.

A number of blind consumers have been in litigation with Redbox for the past two years due to the rental kiosk's lack of independent services for non-sighted customers, according to the blog run by law firm Seyfarth Shaw LLP. The parties agreed to a class settlement whereby Redbox will take the following steps to open services to the blind:

• incorporate audio guidance technology, a tactile keypad and other accessibility features into its DVD rental kiosks so that blind customers can use them independently at one kiosk at every location within 18 months and at all California kiosks within 30 months;
• provide 24-hour telephone assistance at each kiosk;
• pay $1.2 million in damages to the class of aggrieved persons in California;
• pay Lighthouse for the Blind $85,000 to test kiosks;
• pay $10,000 to each named plaintiff in damages; and
• pay $800,000 in plaintiffs' attorneys' fees and costs.

In addition, Redbox agreed to improve accessibility to its websites, but did not pledge to meet the Web Content Accessibility Guidelines.

The lawsuit highlights the importance of considering the end-user and the limits of self-service at unstaffed locations, the blog said. However, even if staff is available and don't compromise potential confidentiality requirements, self-service solutions can still be considered discriminatory if disabled individuals cannot independently access services.

The blog cited examples of potential problems, such as when a disabled person tries to access goods or services that can only be received through inaccessible self-service solutions, or when a disabled person must reveal a PIN to obtain assistance.

The laws determining whether self-service technology should be accessible are "murky due to the absence of clear regulations," the firm said, with the 2010 ADA standards issuing technical requirements only for ATMs, vending machines and change machines. The standards do not address hotel check-in and car-rental kiosks.

Seyfarth Shaw recommends that businesses consider end-user requirements for various disabilities. If cost or availability is an issue, for example, businesses should instate standard operating procedures to provide assistance.

"The clear takeaway is that businesses that provide self-service equipment for customer use that is not fully accessible are at risk of costly lawsuits," the blog said.