1st Circuit: Retailer’s Loyalty Program Arbitration Agreement Is Unenforceable

Mealey's (September 18, 2018, 2:59 PM EDT) -- BOSTON — An association for blind individuals and four blind customers may proceed with their class complaint accusing a retailer of violating the Americans with Disabilities Act (ADA) and various state laws by failing to use point-of-sale devices with tactile keypads, a First Circuit U.S. Court of Appeals panel ruled Sept. 14, affirming a trial court’s decision that the arbitration agreement between the retailer and customers who signed up for the retailer’s loyalty program was unenforceable (National Federation of the Blind, et al. v. The Container Store, Inc., No. 16-2112, 1st Cir., 2018 U.S. App. LEXIS 26122)....