California Financial Code § 13082 — Analysis & Compliance Notes
Legal summary, context, and practical compliance guidance for POS systems and mounting hardware (tactile, privacy, and reach requirements).
Executive summary
California Financial Code § 13082 works with federal ADA policy to require tactile input and accessible mounting/positioning when a POS system is modified to include nontactile inputs (e.g., touchscreens). Section (e) is the critical mounting/positioning clause: devices must be accessible while the customer remains in a wheelchair or standing.
1. Structure & key provisions
Subsection (a) — Trigger for accessibility upgrades
Activates when a POS is changed to include a video touch screen or other nontactile keypad; this requires inclusion of tactile keypad features.
Subsection (b) — Tactile requirements
- Operable with one hand; no tight grasping/pinching/twisting >5 lbs
- Keys spaced ≥ 0.75 inches
- Audio feedback for key presses and Braille labeling for numeric keys
Subsection (c) — Privacy protections
PIN entry must be shielded from bystanders (privacy screens, bezels) and adhere to ISO 9564/PCI guidance.
Subsection (d) — Applicability to modifications
Applies to systems changed or modified after the effective date (Jan 1, 2015). Legacy tactile systems are grandfathered unless upgraded.
Subsection (e) — Mounting & positioning (critical)
Devices must be mounted/positioned so customers can access and operate them while remaining in a wheelchair or standing — consistent with ADA reach ranges (e.g., forward reach 15–48 in, side reach 9–54 in where applicable).
2. Historical & legislative context
Enacted as AB 2220 (2014) and effective Jan 1, 2015. The statute responds to touchscreen-heavy POS upgrades following EMV adoption, and aligns California enforcement with ADA principles and the Unruh Civil Rights Act. DFPI and state guidance have continued to interpret the statute alongside federal ADA updates and Access Board rulemaking.
3. Scope & applicability
Applies statewide to businesses operating POS systems for in-person card payments. The key trigger is any hardware/software modification that introduces nontactile inputs (tablet-based POS, touchscreen PIN entry, virtual keypads, etc.).
Retailers, restaurants, gas stations, and other in-person merchants in California that modify or upgrade to non-tactile POS systems.
4. Enforcement & penalties
DFPI enforces; complaints can be referred to the California Civil Rights Department (CRD). Typical remedies include fines, injunctive relief, and private suits under Unruh (statutory damages often start at $4,000 per violation).
DFPI fines and private damages can be costly for repeat and chain offenders; documentation of compliance (diagrams, staff training) is a strong defense.
5. Intersections with other laws & standards
| Law / Standard | Key overlap with § 13082 |
|---|---|
| ADA Title III (28 C.F.R. Part 36) | Requires accessible routes/operable parts. § 13082(e) operationalizes reach and independent operation for POS devices. |
| Unruh Civil Rights Act | Provides private enforcement avenue and statutory damages for accessibility violations tied to § 13082. |
| Section 508 / ABA | ICT accessibility standards for government procurement; § 13082 mirrors these requirements for private-sector POS devices. |
| PCI / ISO 9564 | Security and PIN privacy standards — § 13082 requires privacy protections while balancing accessibility. |
| Visa TADG 3.3 | Industry guidance for terminal accessibility; § 13082 enforces similar outcomes through state law. |
6. Practical compliance guidance
- Conduct an accessibility audit before any POS upgrade; document findings and decisions.
- Provide tactile keypads (or tactile overlays), audio feedback, and Braille where the law triggers.
- Implement privacy shields and bezels that preserve accessibility while protecting PINs.
- Use mounting solutions that allow dismounting, lowering, or one-handed operation so the device meets reach-range requirements.
- Train staff on assisting customers without compromising privacy (e.g., provide alternative PIN entry methods).
Taylor ADA Mounting Stands — why they matter
The Taylor ADA Mounting Stands (examples: Dismount-to-Pay, Sidekick) provide a patented one-handed dismount mechanism and adjustable positioning that addresses § 13082(e). They enable independent wheelchair access, lap-level operation, and preserve PIN privacy with integrated bezels/privacy shields.
If a retailer upgrades to a touchscreen-based POS, fixed high mounts often fail § 13082 — dismountable stands are a practical compliance path.
Appendix — Quick checklist for retailers
- Did the upgrade introduce any nontactile inputs (touchscreen/virtual keypad)? → If yes, trigger tactile requirements.
- Can the device be accessed while the customer remains seated in a wheelchair? (Confirm reach range diagrams.)
- Are keys tactile, Braille labeled, and operable with one hand?
- Is PIN entry shielded from bystanders while still accessible?
- Have staff been trained on privacy-preserving assistance procedures?
Notes: This document summarizes the statutory requirements and commonly used compliance approaches. It is not legal advice. For case-specific guidance or litigation risk assessment, consult counsel or DFPI guidance.
