POS Providers and Businesses
In California, -a “point-of-sale device” includes any device used by a customer for the purchase of a good or service where a personal identification number (PIN) can be used. We have added elements for emphasis such as the fixed position freestanding or built-in and PIN on glass example etc.
A *unit (*encasement or mounting of a POS reader device) is not in compliance unless the device, whether internal or external to the *unit, that does not lend itself to easy removal (removably mount – Dismount) and also allows visually impaired users easy access, and otherwise meets the terms and conditions of this section. If the device is freestanding mounted, it shall be permanently attached to the unit by means of a braided wire or some other tether. Tactile PIN pads are required for PIN on glass, (for example: Clover, Square etc).
California has additional POS assistive-accessibility requirements and leads the nation in ADA non-compliance complaints. Why is this number so high? One reason is that it’s incredibly easy to file a complaint and it happens daily.
Never ask for a cardholders PIN and ensure a customer to using the POS PED full and private use.
Another reason filing ADA complaints in California seems so widespread is because when the complainant wins their case, the award is $4,000 to $6000 plus court costs and attorney fees.
Counter-top, Kiosks and Self-Checkouts are included.
The only -current- exemptions are ATM’s and Fuel Dispensers. These are being dealt with at the Federal level in 2023 by the U.S. Access-Board NPRM.
- Federal ADA and California State requirements.
- ADA 309 Operable U-Shape Pull handle – Assistive.
- ADA 309.4 Operation – Assistive
- Addresses 302.8 Limited reach and strength. – Assistive
- Addresses 302.2 508 ICT | ADA visual accommodation – Assistive
- POS-PIN Entry – Privacy.
- PCI-PTS-POI Processing Requirement – Privacy
- ISO 9564 Security PIN mgmt standards – Privacy
- California Code, Financial Code FIN § 13082 Req’s.
- One point-of-sale machine shall be required to be equipped with a tactually discernible keypad.
- The POS reader device, whether internal or external is required to have easy self-assistive removal unit/mounting allowing users easy access.
Dismount is your remedy. Bank on it.
Any POS reader device Manufacturers and distributors are required to offer for availability touch screen or other nontactile point-of-sale devices to be used and sold in the State of California and that POS devices are equipped with tactually discernible keypads or other technology as described in subdivision (a) that enable a visually impaired person to enter his or her own personal identification number or any other personal information necessary to process a transaction in a manner that ensures personal privacy of the information being entered.
The POS devices (card and PIN reader) shall be permanently attached to mounting/unit by means of a braided wire or some other tether. (Dismount POS Mounting in this case) as PCI-SSC requires too.
For POS Card and PIN reader MFG’s, Merchants and POS equipment Distributors, the information web page for California specific as noted in the *Cal. Fin. code) *shall not be construed to preclude or limit any other existing right or remedy as it pertains to point-of-sale devices and accessibility.
EV charging stations are required to comply with the required accessibility features. ADA Title III requires access to goods and services, such as EVCS provided by privately owned public accommodations. All drive-up EVCS must meet the specified accessibility requirements.
This includes operable parts (ADA 309) and (309.4) operation. The case remains the same as well as a tactile PIN. Never assume the driver is the one paying for an EV charging service.
- U-Shape Pull-handle
- One-hand operable
- No Pinching
- No twisting of the wrist
- No grasping.
One exemption(EV connectors are not required to meet 5-pound activating force requirements).
All California businesses have additional requirements for assistive POS checkouts.
POS equipment Distributors, suppliers, POS MFR's are required to offer assistive POS mounting.
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POS Dismount Stands and Mounts is the only solution that meets the assistive requirements and PCI privacy compliances.