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Bank Website ADA Litigation Update

April 4, 2017

Authors

Merrit Jones

Bank Website ADA Litigation Update

April 4, 2017

by: Merrit Jones

Court Dismisses Website Accessibility Case as Violating Due Process, Since DOJ Still Has Not Issued Regulations

Recent court decisions from California and Florida may provide ammunition to retailers battling claims that their websites and mobile applications are inaccessible in violation of Title III of the Americans With Disabilities Act (the “ADA”). As we reported in a previous blog post, banks and other businesses have faced a wave of such demand letters and lawsuits.  Most of these claims settled quickly and confidentially.

However, a California district court recently granted Dominos Pizza’s motion to dismiss under the primary jurisdiction doctrine, which allows courts to stay or dismiss lawsuits pending the resolution of an issue by a government agency. In Robles v. Dominos Pizza LLC, U.S. Dist. Ct. North Dist. Cal. Case No.

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Reduce Potential ADA Liability by Making ATMs and Websites Accessible

October 25, 2016

Authors

Merrit Jones and Marcy Bergman

Reduce Potential ADA Liability by Making ATMs and Websites Accessible

October 25, 2016

by: Merrit Jones and Marcy Bergman

Banks and credit unions are among the most recent targets of a wave of demand letters and lawsuits alleging violation of the Americans With Disabilities Act of 1990 (the “ADA”). The most common allegations concern inaccessible ATMs and websites, despite the fact that the ADA and its implementing regulations do not yet address website accessibility.

Title III of the ADA prohibits discrimination against individuals “on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages or accommodations of any place of public accommodation,” 42 U.S.C. § 12182(a), which includes banks and credit unions.

In 2010, the federal regulations implementing the ADA were revised, and expressly addressed ATMs for the first time. Banks and credit unions were given until March 2012 to become fully compliant, and most litigation targeted institutions that failed to comply by that date.

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Pointers for Bank Recipients of Demand Letters Asserting ADA Non-Compliance

October 18, 2016

Authors

Jerry Blanchard and Dan Wheeler

Pointers for Bank Recipients of Demand Letters Asserting ADA Non-Compliance

October 18, 2016

by: Jerry Blanchard and Dan Wheeler

Community banks have recently been on the receiving end of demand letters from plaintiffs law firms alleging that the banks’ websites are in violation of the Americans With Disabilities Act of 1990 (the “ADA”).  Interestingly, there are currently no specific federal standards for websites under the ADA. The Department of Justice (“DOJ”) is in the process of developing regulations for website accessibility, but has announced it will not finalize these regulations until 2018 at the earliest. Even so, the DOJ has emphasized that businesses should make websites accessible to the disabled. While the regulations are being developed, many businesses have been applying the Web Content Accessibility Guidelines (WCAG) 2.0 Level AA with the understanding that the DOJ has made clear that it considers a website accessible if it complies with these guidelines.

When a bank receives a demand letter the first thing they need to do is hire counsel to advise them

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New Class Action Regarding ATMs filed in Georgia

March 6, 2013

Authors

Bryan Cave

New Class Action Regarding ATMs filed in Georgia

March 6, 2013

by: Bryan Cave

Some of the same law firms that filed numerous class action lawsuits against banks for owning or operating ATMs in alleged violation of the Electronic Fund Transfer Act (EFTA) are now turning their attention to similar lawsuits against banks who own or operate ATMs in alleged violation of the Americans with Disabilities Act (ADA).   

A new class action complaint was filed against BB&T last week in federal court in Atlanta alleging that two of BB&T’s ATMs did not meet the accessibility features that are mandated by the ADA.  Thomas v. Branch Banking and Trust Company, U.S. District Court, Northern District of Georgia, Civil Action No. 1:13-cv-00656.  The lawsuit was filed by a plaintiff who states that she is a blind individual that was denied access to two ATMs because the ATMs had no voice-guidance feature, no Braille instructions for initiating speech mode, and the function keys did

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