Legal Decisions

By | June 17, 2021
Self-Service Legal Actions

Legal Decisions Kiosks Digital Signage

Kiosk News Editor

Etta – Our Ettator in chief

This page on legal actions in self-service and related is a running log with personal commentary on legal, privacy and patent situations which impact unattended self-service.  We keep track of legal news that affects the unattended self-service market.  These are typically legal suits brought against companies but also can be HIPAA violations of privacy data which typically result in legal consequences.  If you have news of note send us an email at [email protected] or you can call 720-324-1837

In Brief:

  • Decision in favor of Walmart handed down in grocery self-checkout. Doesn’t necessarily mean the end of this litigation. 2021 legal walmart NFB NFB10122021opinion
  • ADA considerations for inquiring about COVID vaccination status while you are interviewing potential new employees — JDsupra – 10/11/2021 — Here is another look at asking applicants — Link
  • Facial recognition litigation — Cedar Lane has now sued over 140 defendants and asserted nearly 50 patents (each received either directly or indirectly from Intellectual Ventures LLC (IV)).
  • Companies win a couple of rounds on web accessibility — Intent to sue versus intent to use
  • Kiosk ADA — Quest Diagnostic Check-In Kiosks Under DOJ Scrutiny — Plaintiffs allege that Defendants require patients to use an electronic, self-service kiosk to check in, input personal information, choose where to wait, and perform other tasks. No staff are allegedly present in the check-in area, so patients with vision impairments must ask strangers for assistance or bring companions.
  • Broadening Right of Blind To Sue — A federal appeals court ruled Tuesday that two blind students have the right to use disparate impact theory — which requires plaintiffs only to show that a policy has a disparate impact on them, not that it was intentional — in a lawsuit against the Los Angeles Community College District. If the ruling is upheld, a lawyer for the National Federation of the Blind, which joined the case, said it would be much easier to win discrimination cases based on disability.
  • Unethical ADA conduct – Uncaptioned videos at gas pumps — Lack of Sincerity
  • Mental health disability – The Justice Department entered into a settlement agreement with Brown University to resolve an investigation conducted under Title III of the Americans with Disabilities Act (ADA).
  • VISA Surcharge Ban lifted in Colorado in July 2021 — In related news from August, Amazon has begun assessing 0.5% surcharge on VISA payments in Singapore and is expected to add other areas.
  • Outdoor EMV Liability Shift Increasing — A CMSPI analysis found that chargebacks have tripled since January 2021. “If you look at January as the baseline month, May is almost triple of what January was in terms of overall chargebacks. There was a pretty substantial increase of about 50 percent in April, and that really ballooned in May,” Pynn said, explaining that chargebacks are often delayed because it takes some time for the consumer to realize the fraud and file a report. “The feedback loop takes some time.”
  • The California attorney general’s office started enforcing the California Consumer Privacy Act (CCPA) on July 1, 2020. Does your app or website collect data?
  • ADA Lawsuits on track for 4000 in 2021. E-Commerce top of the list. Small companies now being sued more often. Widgets/overlays no protection provided.
  • Apparently, we now have a fully functioning DOJ or Department of Justice.  Enforcing laws appears to be coming back into vogue.  We know of many cases the DOJ has “expressed interest”, unlike the former. The prosecution probability index (PPI) has definitely risen in the last 3 months.
  • The big mysteries at this point is how a large number of franchisees ALL violate ADA. We can understand this ones or that ones but 139? And then, given 50 states why would McDonald’s choose to trial biometrics in the one state that has extensive laws surrounding it. Sometimes “bad law” can be created by bringing suit in an unsympathetic district court. Winn-Dixie is prime example of that.
  • One other trend that is noteworthy revolves around videos and specifically audio embedded. This can be actual audio track or it could be a narration. Multiple languages. Media from Amazon, Netflix, Disney come into play. Any description of services with visuals.

July 2021

  • WCAG Web Accessibility – WCAG Web Accessibility Lawsuits (Websites, Mobile, Video) – for full data visit Usablenet.com
  • Samsung #1 in patent litigation (defendant).  4,282.  Seesidebar  image

    Samsung Patent Litigation

    Samsung – Click for full size

June 2021

  • Supreme Court upholds ACA — this impacts all types of healthcare technology — In the decision, the court reversed a lower court ruling finding the individual mandate unconstitutional. However, the court did not get to the key question of whether the individual mandate is severable from the rest of the law. Instead, the court held the plaintiffs do not have standing in the case, or a legal right to bring the suit.
  • Wendys faces ADA class action — from Law360 — A proposed class of consumers with mobility disabilities has slapped the owner-operators of 139 Wendys franchise restaurants with a suit in Wisconsin federal court, claiming they violated the Americans with Disabilities Act by denying disabled customers full and equal access to the eateries.
  • CVS Exposed 1 Billion user data records — 204GB — the data exposed online included customer email addresses, user IDs and customer searches on CVS Pharmacy websites for COVID-19 vaccines and other medications, according to the report.
  • McDonalds Being Sued in Illinois for obtaining and storing biometric data from drive-thru customers.  Voice captured then run thru AI engine.

April 2021

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Author: Staff Writer

Craig Keefner is the editor and author for Kiosk Association and kiosk industry. With over 30 years in the industry and experience in large and small kiosk solutions, Craig is widely considered to be an expert in the field. Major kiosk projects for him include Verizon Bill Pay kiosk and hundreds of others.