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Lululemon Discrimination Class Action Lawsuit Reaches Preliminary Settlement

This is a settlement for the Discrimination lawsuit.

Los Angeles, CA: A preliminary settlement of a discrimination class action lawsuit brought against yoga clothing retailer Lululemon USA Inc, has been granted. The lawsuit alleges that Lululemon violated federal law by not providing point-of-sale machines with textured keys, forcing blind customers to divulge their PINs when making debit card purchases.

The discrimination class action is brought by plaintiff David New, who is blind, in conjunction with the Florida nonprofit group Access Now, which advocates for compliance with the Americans with Disabilities Act. According to the lawsuit, New went to a Lululemon store at 1420 20th Street in Miami Beach, Florida, and when making a purchase was forced to tell a sales associate his PIN in order to complete a debit card purchase because he could not make out the numbers on the store's machine.

In the lawsuit, New alleges Lululemon violated Title III of the ADA by only offers point-of-service devices with flat touch-screens which features are not discernible to people who are blind or visually impaired. He claims these devices force blind customers to give out their personal identification numbers in order to make debit card purchases, leaving them open to bank fraud.

According to the terms of the settlement, Lululemon agreed to begin equipping its stores with VeriFone MX 915 Tactile PIN Pads no later than January 1, 2015. Each Lululemon retail outlet will feature at least one of the new machines by May 31. Any replacement systems or new payment methods will also have to enable blind customers to check out independently.

According to the terms of the settlement will provide a joint class representative service award of $7,000 in cash and $7,000 in Lululemon gift cards, without the company's objection. The case is New v. Lululemon USA Inc., case number 1:14-cv-20589, in the U.S. District Court for the Southern District of Florida.

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Published on Dec-22-14


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