TAYLOR ADA/ABA MOUNTS.

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  • U.S. Access-Board NPRM 2024

    Architectural Barriers Act (ABA), located at 36 CFR part 1191, to include and impacts guideline requirements for the accessibility of fixed self-service transaction machines, self-service kiosks, information transaction machines, and point-of-sale devices. ADA/DOJ/CRD/ABA enforced. RIN: 3014-AA44

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Accessible Technology – Enforcement
The DOJ’s departments for ADA enforcement efforts help to ensure that people with disabilities can independently access point-of-sale devices.

Buildings §36.402 Alterations.

ADA §36.402. Alterations (1) Any alteration to a place of public accommodation or a commercial facility, shall be made so as to ensure that, to the maximum extent feasible, the altered portions of the facility are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. (One reason why a building is not up to code REQ’s is because it does not have ADA POS mounting at the checkout). “Readily achievable”.

(b) Alteration. For the purposes of this part, an alteration is a change to a place of public accommodation or a commercial facility that affects or could affect the usability of the building or facility or any part thereof. includes 35.150

Payments Industry and Credit/Debit acceptance ADA REQ’s below as well.  
 
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The U.S.’s largest minority group is people with disabilities and are the largest minority group of people to be discriminated against. The Architectural Barriers Act (ABA), located at 36 CFR part 1191 is a part of the building code for new construction and building alteration code that are enforced by the ADA/ABA/DOJ-CVR along with State, County and City building code and the point-of-sale card and PIN readers for accessibility fall under building code as well as several other ADA and payments industry requirements. 

The point-of-sale checkout is a major part of this when it comes to accessible card and PIN readers and the ADA/ABA are very specific with thr requirements regarding reach/range construction requirements ADA 302.8 limited reach and strength and ADA visual accommodation are just a couple of major details that have to be addressed. 

No building should be signed off that have a point-of-sale card and PIN reader checkout, until the ADA POS mounting is set and is fully accessible by the card holder is able to independently use the POS card and PIN reader in privacy and has clear visual interaction. 

Building code inspection and, the payments industry equipment providers are equally involved in these POS checkout accessibility requirements.  If your POS equipment outlet is not advising or selling Taylor POS dismount stands and mounts, -demand they do. Businesses are legally liable. 

The purpose of the effective communication rules is to ensure that the person with a vision, hearing, or speech disability can communicate with, receive information from, and convey information to, the covered entity.

Covered entities must provide auxiliary aids and services when needed to communicate effectively with people who have communication disabilities.
The key to communicating effectively is to consider the nature, length, complexity, and context of the communication and the person’s normal method(s) of communication.

This is for the effective communication with the POS Card Reader/Terminal and keep in mind, a Tactile PIN pad much be integrated or an available separate tactile PIN pad must accompany the POS card reader/terminal. The cardholder must be able to effortlessly use the POS card reader/terminal which accommodates the privacy requirements also of the PCI-PTS-POI ( PIN entry privacy and visual screen interaction.) No stretch and strain to use. 

The rules apply to communicating with the person who is receiving the covered entity’s goods or services (POS card and PIN reader checkout).

ADA TITLE III is U.S. combined with Visa and PCI Global REQ’s. All businesses open to the public. 

The ANSI and ISO and Taylor ADA POS each helps to arm businesses, government agencies, and other organizations with the accessibility tools needed to protect themselves and their customers with accessibility needs for card holder privacy and PIN entry privacy using card readers whether checkouts or check-ins.

Our patented POS Dismount D2P is built specifically using the ADA.gov regulation requisites as the assistive tech for independent accessibility and also used for the PCI card and PIN entry reader privacy requirements and general privacy use. Dismount also includes the independently accessible ADA requirement. 

ADA 309 Operable Part: U-shaped pull/tug handle.

ADA 309.4: The U-shape pull/tug handle is usable with one hand and does not require: tight grasping, pinching, or twisting of the wrist, or more than 5 pounds of force (lbf) to operate.

Accessibly detach and attach safely and securely. Dismount D2P [ Dismount – Transact – Re-Mount ]. POS Dismount D2P must be placed within the ADA reach/range requirements.

Major Factors: ADA 302.8 Limited Reach and Strength. ADA Visual Accommodation. PCI Privacy and PIN Entry Privacy (accessibility requirements), VISA acceptance accessibility requirements. Tap to pay is not an accessibility use/source for those who use assistance/benefit cards. Those require a PIN.

ADA.Gov/ Department of Justice (DOJ) CVR Fines start at $75,000. Private citizens can also bring charges based on discrimination. 

Reach and Range are only measurements. For card and PIN reader terminals, that alone is not compliance.

For Federal and Military:  Agencies shall ensure that all functionality of ICT is accessible to and usable by individuals with disabilities, either directly or by supporting the use of assistive technology, and shall comply with E203. 

E205.2 Public Facing

Electronic content that is public facing shall conform to the accessibility requirements. 

Slide-Downs, Buttons, Extension arms, and Levers for accessibly-assistive POS mounting do not work for ADA or PCI Privacy and PIN entry Privacy compliance. If they did, we would have already implemented them in our designs many years ago.

Note: Inaccessible POS checkouts are also viewed as discrimination.

VISA TADG V3.2 s2.6. Globally – compliance requirements.  (Accessibility).

Device vendors and acquirers are responsible for ensuring that all customer-facing devices adhere to any (ADA) accessibility requirements for the countries in which they operate and for the countries in which the devices are installed. Vendors, merchants, and acquirers are to (equip businesses for accessibility and privacy card reader use) support accessibility to persons with physical disabilities.

POS Reader vendors include manufacturers, wholesalers and resellers. An acquirer is a bank that serves merchants. It is licensed to provide merchant accounts to qualified businesses, enabling these businesses to process payment card transactions. 

This includes the ISO, MSP having the same responsibility of recommending and providing accessibly-assistive POS equipment to merchants and merchants themselves for their cardholder customers. This ties in with the below Visa section 1.1.1.3. and section 1.5.5.4.

Visa Acceptance Core Rules Section 1.1.1.3 Compliance with Laws and Regulations. 

Each Member is also responsible for ensuring that any of its affiliates, subsidiaries, parent companies, third-party agents, Merchants, and any other of its appointed agents participating in Visa’s system comply with all applicable laws, regulations, and other legal requirements applicable to each country in which its affiliates, subsidiaries, parent companies, third-party agents, Merchants, and other appointed agents operate. ADA is a Federal Law with accessibility regulations.

1.5.5.4 PIN Disclosure A Merchant must not ask a Cardholder to reveal the Cardholder’s PIN. Unfortunately, this is common,- and cashiers are put into difficult situations that hurt the business and wheelchair-using cardholders. This happens daily with PIN debit due to a non-accessibly mounted POS terminal.

Also do take note for the California requirements below in our requirements section. 

Non-compliance is serious and dealt with in various ways. None are pleasant.

Retail, Hospitality, QSRs, Venues, or a State, County, City business, and any other business category is required by the to have an assistive tech point of sale card reader terminal or hand-held mounting at the checkout.  

The ADA has very specific requirements for having accessibility with the POS card and PIN reader as well as the ABA for Federal and Military. There are a few approaches to enforcement and the big one is building code requirements regardless of location. 

Example: If you are a new or existing business and mount a POS stand for your card reader terminal to your countertop, that is considered an “alteration” and just that alone requires the business new or established to add or replace with ADA assistive tech mounting. In terms of ABA, it would be called ICT accessible. 

Aside from this being a hard requirement by regulatory and law, any business should also use ADA assistive tech POS mounting allowing those with any disability a person has or needs to use from a wheelchair as it is. 

We see many businesses not following their own company rules are hard bound by DEI at their own checkouts not having accessible POS mounting. For those who do not have DEI in their business, you do have ADA parking to accommodate but have innaccessible POS mounted checkout. That makes no sense. 

Please see additional information about building code and accessibility violations below in the Grocery, Commissary, Exchanges FAQ section. 

The IRS offers a 50% IRS Tax Credit that cuts the ADA POS Dismount stand cost in half (typically SMBs). Click here to download the IRS Tax Credit Form.

Volume discounts, custom and existing base screw-matching is available for big box large orders. Contact us.

PCI PTS POI Evaluation FAQs – Technical.  (Globally – compliance requirements.) We have only posted a portion as additionally unattended is in the PCI-PTS-POI for accessibility and privacy with card readers. This is also with adoption of ISO 9564 PCI PIN entry privacy requirements.

PCI requirement: “Designed so that the cardholder can shield the POS terminal with the body to protect against observation of the PIN during PIN entry”.  This is where POS Dismount D2P comes in for PCI PIN entry privacy compliance use features. This ties in with the Visa and ADA accessibility-assistive requirements.

(Wheelchair, scooter, limited height, limited reach and strength, ADA visual accommodation POS Interaction, etc).

While POS devices are generally mounted at a height that fits within current reach range guidelines, their fixed upward orientation regardless of whether it has a tilt feature makes it difficult for a person with a mobility disability to view the screen, enter a PIN, or sign an authorization, cash-back, etc.

Hard-fixed mounting should never be placed at a designated ADA POS checkout. Countertops/lanes with fixed position POS are incredibly problematic and dismissive of people with accessibility needs—wheelchairs, scooters, little people, etc. POS Dismount D2P is made for accessibility at checkout.

PCI Fines vary, expensive and merchants can lose their ability to process cards.

(U.S. Only) For outside the U.S. , -check directly with your localities. 

Assistive technology purchasing. Tax credit (50%) download IRS form 8826 or IRS form 3800. Example: cost $100.00 Tax Credit 50%. Your cost $50.00

The tax credit is available to businesses with total revenues of $1,000,000 or less in the previous tax year or 30 or fewer full-time employees. 

For large / Big Box, bulk purchase discounts are available.

California has assistive-accessibility state requirement for POS checkouts in addition to the ADA Federal requirements. Please take your checkouts seriously when it comes to accessibility. 

Note: Cal-Fin 13082 is a California POS Law and statutory code. California is always under ADA just as all other states; however, California has additional accessibility and privacy requirements and fines for non-accessible and non-privacy POS card and PIN reader checkouts which include the California Civil Code Section 51 [(f) A violation of the right of any individual under the federal Americans with Disabilities Act of 1990 (Public Law 101-336) shall also constitute a violation of this section.] (disability section) and CAL-FIN 13082.

(e) (Partial) A (POS Card and PIN Reader) unit is not in compliance with this section unless it includes a device (POS mounting using ADA operable part u-shape release/pull handle and ADA operations), whether internal or external to the unit, which does not lend itself to easy removal , allows visually impaired users easy access, and otherwise meets the terms and conditions of this section.

(c) (Partial) A manufacturer or distributor shall be required to offer for availability touch screen or other nontactile point-of-sale devices to be used and sold in this state that 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.

Combined with the Unruh act, and the California Disabled Persons Act (Civil Code Sections 54 – 55.32), disability access plaintiffs are allowed to tack on state claims for money damages onto requests for injunctive relief in ADA lawsuits. The act allows plaintiffs to claim treble damages with a minimum of $4000 per access violation plus attorneys fees. In most states, plaintiffs are entitled to only injunctive relief, having the disability access issue fixed. Keep in mind, the ADA fines start at $75,000.

ADA Title III, Grocery Stores and ABA Commissaries and exchanges have the same requirements as any multi-lane or short counter meaning one to two checkouts. However, these types of businesses tend to have additional stand-alone checkout and return countertops as well as rented out retail spaces in the building like a Starbucks, subway, McDonalds, as a few examples.  This category includes C-stores too. 

Notify your lane and/or countertop maker, IT team lead, POS equipment provider, merchant services rep etc. 

Whether you have a new or existing building for your business as both are under building code and the ADA Title III and ABA requirements to have assistive tech at the checkout which can only be done by installing POS card readers mounting. 

Reach and range are simple construction requirements and do not address ADA 309.4 operations, 302.8 limited reach, ADA visual accommodation or effective communication. 

A major ADA and ABA trigger is a buildings “alteration”. A good example is having installed POS card and PIN reader mounting (originally) as well as (replacing) one. It then requires ADA / ABA / ICT assistive tech mounting for the POS card and PIN reader terminal or hand-held. It’s not an ask. It is a hands-down requirement. 

The liabilities affect the building owner or the owner and tenant, -both are liable and can both encounter discrimination and accessibility to the card reader (ICT) legal problems aside from the obvious ADA and ABA non-compliant status and building code violation(s).

Patented 9907416 – MADE IN USA