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ARTICLE · 30 APRIL 2012

Mandatory ADA Standards On Accessibility To ATMs For The Visually Impaired Now In Effect

Duane Morris LLP
Duane Morris LLP
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Pursuant to the Americans with Disabilities Act (ADA), new standards pertaining to accessibility to automated teller machines (ATMs) for the visually impaired were issued by the U.S. Department of Justice and the ADA Access Board in 2010.

United StatesFinance and Banking
Jonathan Petrakis
Jonathan Petrakis
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Pursuant to the Americans with Disabilities Act (ADA), new standards pertaining to accessibility to automated teller machines (ATMs) for the visually impaired were issued by the U.S. Department of Justice and the ADA Access Board in 2010. These standards took effect on March 15, 2011, and all ATMs were required to be upgraded to meet these new requirements by March 15, 2012. The Department of Justice has stated that it considers the ATMs' communication-related functions to be auxiliary aids to which safe harbor does not apply. Thus, compliance with the standards is mandatory. As of March 15, 2012, civil lawsuits were permitted to be filed based upon their violation.

Within the last 30 days, at least 10 class action lawsuits have been filed in Pennsylvania on behalf of visually impaired plaintiffs, for alleged violation of these standards. As a result, banks may benefit from this reminder regarding the new standards, and we have listed the salient ones below.

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