Trader Joe’s Point of Sale Agreement and Amendment

Trader Joe's

The document posted here is an amendment to the Trader Joe’s Point of Sale Settlement Agreement. Because of unanticipated technology issues, this amendment extended the time by which Trader Joe’s originally agreed to install tactile point of sale devices. Blind and visually impaired shoppers cannot enter a PIN number or other confidential information on a flat screen device. Trader Joe’s new tactile devices, which have now been installed in all Trader Joe’s stores in the United States, ensure that blind people can confidentially and privately use PIN-based payment cards. Because of unanticipated technology issues, this amendment extended the time by which Trader Joe’s originally agreed to install tactile point of sale devices.


FIRST AMENDMENT TO SETTLEMENT AGREEMENT

(Effective December 30, 2008)

American Council of the Blind (”ACB”), American Foundation for the Blind (”AFB”), and California Council of the Blind (”ACB”) (collectively, the “Claimants”), and Trader Joe’s Company, Inc. (”Trader Joe’s”), are parties to a Settlement Agreement and a related Confidential Addendum to the Settlement Agreement (together referred to as the “Full Agreement”). The Full Agreement will expire on December 31, 2008. In order to provide Trader Joe’s with additional time to satisfy its obligations under the Settlement Agreement, the parties hereby agree to amend the Settlement Agreement as follows:

1.

The “December 31, 2008″ expiration date set forth in paragraph 2 of the Settlement Agreement is changed to December 31, 2009.

2.

The first sentence of Section 3.2 of the Settlement Agreement is hereby replaced with the following sentences: “By no later than March 31, 2009, Trader Joe’s shall install POS Terminals with Integrated Tactually Discernable Keypads in at least thirty-three percent (33%) of the Staffed Checkout Aisles in all Existing Trader Joe’s stores in the United States and all New Trader Joe’s stores open to the public on or before December 31, 2008, in the United States. Installations of these terminals shall begin on or before January 15, 2009. Trader Joe’s shall install POS Terminals with Integrated Tactually Discernable Keypads in all of the Staffed Checkout Aisles in all New Trader Joe’s Stores opened to the public on or after January 1, 2009.

3.

The phrase “second quarter of 2007″ in Section 3.3 is changed to “second quarter of 2009″.

4.

Section 3.4 is replaced with the following: “No later than April 5, 2009, Trader Joe’s will provide Counsel with written confirmation that POS Terminals with Integrated Tactually Discernible Keypads have been installed as required. Upon reasonable request by Claimants, Trader Joe’s will provide Counsel with the address of New Stores opened to the public on or after January 1, 2009.

5.

The phrase “first quarter of 2007″ in Section 3.6 is changed to “second quarter of 2009″.

6.

This First Amendment to Settlement Agreement may be executed in counterparts. Claimants shall deliver one original set of signatures to Trader Joe’s, and Trader Joe’s shall deliver one original signature to Claimants.

[SIGNATURES BEGIN ON THE NEXT PAGE]

PARTIES

  • TRADER JOE’S COMPANY, INC.
  • AMERICAN COUNCIL OF THE BLIND
    By: Melanie Brunson, Executive Director
  • AMERICAN FOUNDATION FOR THE BLIND
    By: Paul Schroeder, Vice President, Programs & Policy Group
  • CALIFORNIA COUNCIL OF THE BLIND
    By: Jeff Thom, President

APPROVED AS TO FORM:

  • TRADER JOE’S
    By: Doug Yokomizo, Esq.
  • GOLDSTEIN, DEMCHAK, BALLER, BORGEN & DARDARIAN
    By: Linda M. Dardarian, Esq.
  • LAW OFFICE OF LAINEY FEINGOLD
    By: Lainey Feingold, Esq.

Simplified Summary

This document is the legal agreement signed by Trader Joe’s and of the American Council of the Blind (ACB), the American Foundation for the Blind, and the California Council of the Blind (CCB). In this document, Trader Joe’s agreed to make changes so blind people can pay for things with payment cards and enter their own PIN. Trader Joe’s agreed that payment devices in Trader Joe’s stores would have keys that a person can feel. All Trader Joe’s stores in the U.S. will have a keypad. Lainey Feingold and Linda Dardarian were the lawyers for the blind community. No lawsuit was filed. Instead, a formal process known as Structured Negotiations was used. [Back to Agreement]