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At this point, determining whether a particular kiosk complies with the ADA, requires a fact intensive, device-by-device inquiry.
Redbox’s recent settlement of a class action lawsuit alleging that its video rental kiosks in California were not accessible to the blind provides a good example of the potential exposure businesses face. As part of the settlement, Redbox agreed to pay $1.2 million to eligible class members, to make modifications to its kiosks to allow visually-impaired customers to use them independently, to pay $800,000 in attorney’s fees and to provide 24-hour telephone assistance.
Until the legal landscape become more clear, it would be prudent for businesses to assess the accessibility of their kiosks and to consider options that are accessible and independently useable by individuals with a variety of disabilities.