July 25, 2013
Authored by: Jerry Blanchard
A recent spate of class action lawsuits directed at Georgia banks allege violations of ATM accessibility standards under Title III of the Americans with Disabilities Act, 42 U.S.C. 12101, et seq. (the “ADA”). In many respects, these suits appear similar to previous litigation targeting ATM operators for ATMs that allegedly lacked ATM fee disclosure decals.
The new class action lawsuits are based on recent ADA regulations that became effective in March of 2012, and that set forth numerous accessibility requirements for ATMs.
One plaintiff, who describes herself as legally blind in her complaints, has filed at least nine federal class action lawsuits in Georgia in the last six months against separate Georgia banks, alleging she was unable to utilize ATMs operated by various banks due to the banks’ failure to comply with the new regulations. Specifically, the plaintiff alleges in part that the ATMs did not have Braille instructions and lacked audio capability. These suits seek injunctive relief, as well as attorneys’ fees and costs, for the violations.
With attorneys’ fees and costs permitted as an award to any successful plaintiff, we expect more complaints of this nature to be filed over the next several months.
We encourage all banks and other owner-operators of ATMs to contact Bryan Cave if they have any compliance questions. Additionally, if suit has already been filed, Bryan Cave is well equipped to defend its clients in such cases, and is already representing other Georgia banks in the defense of these complaints.
For more information on this issue, please direct any questions or requests to firstname.lastname@example.org or (404) 572-6985.