Point of Sale
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You can’t agree to what you can’t read – the perils of clickwrap when the ADA is involved.
This week’s decision in Nat’l Fed’n of the Blind v. Container Store, Inc., 2016 WL 4027711 (D. Mass. July 27, 2016) is a call to action for every business that uses a click to accept type license or other agreements. Such agreements may not be enforceable in an ADA context unless special care is taken. The case… Continue reading
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Vending machines and the ADA
Even after 25 years of regulation and litigation ADA obligations are still often uncertain. Does the ADA require that vending machines be accessible to the blind and if so what does that mean? It really isn’t clear at all. In McGee v. Coca Cola Refreshments USA, Inc., 2015 WL 6620959 (E.D. La. 2015) the court held definitively that a… Continue reading
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POS Marketing and ADA Compliance – you can’t have it both ways.
I’ve written twice recently about temporary barriers to access (“You’ve got to walk the walk” and “You’ve got to walk the walk part II). It is an issue that will probably never go away because standard point of sale marketing techniques are very likely to conflict with the ADA. The latest decision is one in… Continue reading

