From the Editor: As a service to our readers, the Braille Monitor from time to time publishes class action settlements so that those who wish to object to them or those who may benefit are made aware of them. Below is a summary notice of the proposed settlement of the class action lawsuit against Redbox, the popular video and video game rental kiosk company. Included is contact information for the law firm handling it and a link to the full notice describing the settlement. We have not done the editing that the Braille Monitor normally does to ensure compliance with the NFB Style Guide and the Chicago Manual of Style.
SUMMARY NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION LAWSUIT
Jahoda, et al. v. Redbox Automated Retail, LLC,
No. 2:14-cv-01278-LPL (W.D. Pa.)
ATTENTION: ALL LEGALLY BLIND INDIVIDUALS WHO HAVE
ATTEMPTED, WILL ATTEMPT, OR HAVE BEEN DETERRED FROM ATTEMPTING TO ACCESS RENTAL SERVICES AVAILABLE AT REDBOX
KIOSKS IN all 50 states and the District of
Columbia except California
YOU HAVE A RIGHT TO OBJECT TO THE SETTLEMENT DESCRIBED BELOW
READ THIS NOTICE AND INSTRUCTIONS CAREFULLY
This notice is to inform you about the proposed settlement that would resolve the class action lawsuit Jahoda, et al. v. Redbox Automated Retail, LLC, Case No. 2:14-cv-01278-LPL (W.D. Pa.). The lawsuit asserts that Redbox violated the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., by offering video and video game rental services at self-service, touchscreen Kiosks that are not fully accessible to, and usable by, blind individuals. Redbox believes that the Kiosks are compliant with the ADA and denies all liability. The settlement, which must be approved by the Court, would resolve the lawsuit.
CLASS: Solely for purposes of effectuating this settlement, the Court has certified a settlement class of all legally blind individuals who have attempted, will attempt, or have been deterred from attempting to use Redbox Kiosks in all 50 states and the District of Columbia except California (because of a separate settlement in California) (the “Class”).
PROPOSED SETTLEMENT: The settlement requires Redbox to modify at least one of its Kiosks at each retail location where kiosks are located in all 50 states except California so that they are fully accessible to, and usable by, blind individuals. The modifications will include the addition of a standard headphone jack which will provide access to audio instructions regarding how to call a specially-trained Redbox customer service representative who will remotely assist the consumer. The settlement imposes certain other requirements, which are set forth in detail in the Settlement Agreement. All Class members will be bound by the terms of the settlement relating to the accessibility of Redbox Kiosks in all 50 states and the District of Columbia except California if the settlement is approved by the Court.
The District Court has appointed Carlson Lynch Sweet & Kilpela, LLP, as class counsel to represent the named plaintiffs and the interests of the absent class members. Class Representatives will receive the following single Plaintiff incentive payment: $2,500 to Robert Jahoda and $2,500 to April Nguyen. Class Counsel will be paid $397,000 for all attorneys’ fees and litigation costs and expenses.
OBJECTIONS: Class members can object to the proposed settlement by filing a written objection by March 15, 2016 either in person or by first-class mail to:
Clerk of the Court, U.S. District Court
700 Grant Street
Pittsburgh, PA 15219
All written objections must include: (i) the name of this litigation; (ii) Class member’s full name, address, and telephone number; and (iii) specific reasons for objecting and evidence or legal authority in support thereof.
FAIRNESS HEARING: The Court will hold a hearing in this case on April 27, 2016 at 10 A.M. in Courtroom 7B to consider whether to approve the Settlement. Class members may appear at the Fairness Hearing by filing a Notice of Intention to Appear with the Court, postmarked no later than March 15, 2016.
FURTHER INFORMATION: This is only a summary of the litigation, claims asserted, Settlement and related matters. A Full Notice describing the Settlement is available online at <www. redboxadasettlement.com>.
IF YOU HAVE ANY QUESTIONS OR CONCERNS, ADDRESS ALL INQUIRIES TO CLASS COUNSEL: Benjamin J. Sweet, Esquire, [email protected], Carlson Lynch Sweet & Kilpela, LLP, 1133 Penn Avenue, 5th Floor, Pittsburgh, PA 15222, www.carlsonlynch.com, or at 1-800-467-5241.