Raley’s Point of Sale Settlement Agreement

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The settlement agreement posted here was reached through Structured Negotiations, an alternative dispute resolution process that focuses on collaboration and solution. Working with the California Council of the Blind and blind Raley’s shoppers in Structured Negotiations, Raley’s agreed to upgrade the chain’s check-out devices so blind people no longer have to disclose their PIN when using a PIN-based card such as a debit card. The Law Office of Lainey Feingold and Linda Dardarian of the Oakland civil rights firm Goldstein, Borgen, Dardarian & Ho represented the blind community in the negotiations.

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SETTLEMENT AGREEMENT RE: RALEY’S POS DEVICES

This Settlement Agreement is entered into as of the Effective Date by and between the California Council of the Blind, Margaret Buchmann-Garcia, Alice M. Donovan and Jeffrey Harrington (collectively the “Claimants”) and Raley’s. The Claimants and Raley’s are referred to in this Settlement Agreement as the “Parties.” This Settlement Agreement operates in conjunction with its Confidential Addendum also executed by the Parties as of the same date. Together, this Settlement Agreement and the Confidential Addendum are referred to as the Full Agreement.

RECITALS

A.
For the past several years, the Parties have negotiated in good faith about Raley’s point of sale devices (defined below and referred to in the Full Agreement as the “POS Devices”) at its stores with respect to usage of those devices by individuals who are blind or visually impaired.
B.
As a result of those negotiations, the Parties have agreed to enter into this Settlement Agreement and its Confidential Addendum.
C.
In the negotiation and drafting of the Full Agreement, the Claimants have been represented by Linda M. Dardarian of Goldstein, Borgen, Dardarian & Ho and Lainey Feingold of the Law Office of Lainey Feingold (“Claimants’ Counsel”); and Raley’s has been represented by Jennifer Madden of Delfino Madden O’Malley Coyle & Koewler LLP.
D.
By entering into this Settlement Agreement, Raley’s does not make any admission of noncompliance or liability to the Claimants or any other person or entity under any law with respect to its POS Devices.

Based on these recitals, the Parties agree as follows:

TERMS

1. Definitions

1.1.
Raley’s Stores means all California stores owned by Raley’s and open to the public. Raley’s Stores include stores branded Raley’s, Aisle 1, Beverage Market, Food Source, Nob Hill, and Bel Air
1.2.
Effective Date means January 15, 2015.
1.3.
Staffed Check Stand means any check stand in any Raley’s Store where a POS Device is placed and which is staffed by a Raley’s employee to assist customers in paying for products or services. Staffed Check Stands include but are not limited to front end check stands, specialty counters and customer service counters.
1.4.
POS Device means a point of sale device used by a customer at a point of purchase that allows the customer to pay for items with a debit, credit, or other electronic funds transfer card, including Raley’s gift cards and Electronic Benefit Transfer Cards. “POS Device” does not include equipment that may be used by a customer in conjunction with the POS Device to scan, price, weigh, or obtain other information about products.
1.5.
Verifone MX925 means a particular POS Device manufactured by Verifone. The Verifone MX925 has a built in tactile keypad arranged in a 12-key ascending telephone keypad layout with a raised dot on the five key and raised tactile markings on the function keys as follows: Enter/Accept Key (raised circle), Cancel Key (raised “X”), and Correct Key (raised forward slash or backwards arrow).
1.6.
Term of this Settlement Agreement means the period commencing on the Effective Date of this Settlement Agreement and ending on September 30, 2015.

2. Installation of the Verifone MX925

2.1.
Raley’s has already begun installing the Verifone MX925 POS Device in Raley’s Stores. No later than June 30, 2015, Raley’s will install the Verifone MX925 at every Staffed Check Stand in every Raley’s Store.
2.2.
All Verifone MX925 POS Devices installed in Raley’s Stores will be programmed so that customers can use the tactile keypad to confidentially enter their PIN and Raley’s loyalty number.
2.3.
Raley’s will notify Claimants’ Counsel in writing within thirty (30) days of the date on which the last Verifone MX925 has been installed pursuant to Section 2.1., above.

3. Training.

3.1.
Within thirty (30) days of the Verifone MX925 being installed in a Raley’s Store or by February 15, 2015, whichever is later, Raley’s will train all staff in that store who work at Staffed Check Stands regarding functionality of the Verifone MX925 devices and how to instruct and assist blind customers in using the devices.
3.2.
Raley’s will notify Claimants’ Counsel in writing within thirty (30) days of the date on which the last training has been conducted pursuant to this Section 3.

4. Press Release.

On a mutually agreed-upon date, Raley’s will jointly issue a press release with the California Council of the Blind announcing the installation of the Verifone MX925 Point of Sale Devices. If the Parties cannot agree on the terms of the joint press release or the date of its issuance, the California Council of the Blind or Raley’s may issue separate releases provided that any release will be consistent with the terms of this Settlement Agreement, and a copy will be provided to all parties at least three business days prior to issuance.

5. Dispute Resolution.

5.1.
In the event of a claim by one or more of the Parties that one or more of the other Parties is in breach of this Settlement Agreement, the Party or Parties alleging breach will provide written notice of its position to the other Party or Parties. Such Notice will include the section or term of the Settlement Agreement claimed to be breached and a brief statement of the specific facts, circumstances, and legal arguments supporting the Parties’ position.
5.2.
Within two weeks of the date of the Notice provided for in Section 5.1., above, the Parties will engage in a meet-and-confer process to resolve the matter.
5.3.
If the matter remains unresolved after a reasonable meet-and-confer period, the Parties will resort to mediation before a mutually agreed-upon mediator to resolve the matter.
5.4.
If mediation fails to resolve the matter, the Parties then will settle the matter finally by means of arbitration conducted by Judicial Arbitration & Mediation Services (“JAMS”) pursuant to its Streamlined Arbitration Rules and Procedures. The Arbitration will take place in Sacramento, California.

6. Force Majeure.

Raley’s will not be liable for any failure to perform its obligations under this Settlement Agreement if that failure results from any act of God, riot, war, civil unrest, flood, earthquake, or other cause beyond Raley’s reasonable control (including any mechanical, electronic, or communications failure, but excluding failure caused by Raley’s financial condition or negligence).

7. No Use of Agreement as Admission.

This Settlement Agreement will not be used by the Claimants to establish any claim of legal noncompliance or liability against Raley’s.

8. Notice or Communication to Parties.

Any notice or communication required or permitted to be given to the Parties will be given in writing by email and United States mail, addressed as follows:

To the Claimants:
Linda M. Dardarian
Goldstein, Borgen, Dardarian & Ho
300 Lakeside Drive, Suite 1000
Oakland, CA 94612
[email address omitted]

Lainey Feingold
Law Office of Lainey Feingold
1524 Scenic Avenue
Berkeley, CA 94708
[email address omitted]

To Raley’s:
Jennifer Randlett Madden
Delfino Madden O’Malley Coyle & Koewler LLP
500 Capitol Mall, Suite 1550
Sacramento, CA 95814
[email address omitted]

9. Miscellaneous.

The Full Agreement sets forth the Parties’ entire agreement regarding its subject matter and supersedes all prior and contemporaneous agreements, understandings, and representations. This Settlement Agreement may not be modified except by a writing signed by all Parties affected by the modification. This Settlement Agreement will be governed by the law of the State of California. This Settlement Agreement may be signed in counterpart with each counterpart forming an original. Any signature transmitted by facsimile or electronic method shall be binding as if it were an original.

EXECUTION

The Parties hereby execute this Settlement Agreement as of its Effective Date to signify their acceptance of it.

  • CLAIMANTS
    California Council of the Blind
    Margaret Buchmann-Garcia
    Alice M. Donovan
    Jeffrey Harrington
  • RALEY’S

Approval as to Form by Counsel

  • GOLDSTEIN, BORGEN DARDARIAN & HO
    Linda M. Dardarian
    Attorneys for Claimants
  • LAW OFFICE OF LAINEY FEINGOLD
    Lainey Feingold
    Attorneys for Claimants
  • DELFINO MADDEN O’MALLEY COYLE & KOEWLER
    Jennifer Madden
    Attorneys for Raley’s

Simplified Summary

This document is the legal agreement signed by Raley’s and the California Council of the Blind (CCB) and several of Raley’s blind customers. In this document, Raley’s agreed to make changes so blind people can pay for products and services with payment cards and enter their own PIN. Raley’s agreed that payment devices in all the company’s stores will have keys that a person can feel. All Raley’s-owned 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]