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ICBA Negotiates Settlement with Plaintiff Group on Alleged ADA Liability

January 2, 2018

Authors

Merrit Jones

ICBA Negotiates Settlement with Plaintiff Group on Alleged ADA Liability

January 2, 2018

by: Merrit Jones

Numerous community banks that had received demand letters from the advocacy group Access Now alleging that their websites and mobile apps are inaccessible in violation of Title III of the Americans With Disabilities Act (the “ADA”) have now also received letters that those claims have been resolved under a settlement with the Independent Community Bankers of America (ICBA).

The settlement releases ICBA members and non-member banks with assets of $50 billion or less from all ADA claims concerning their electronic banking services, including online banking, mobile banking, ATM services, and telephone banking.  The settlement resolves numerous claims that Access Now

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Courts Continue to Weigh in on the Issue of Website Accessibility

November 28, 2017

Authors

Merrit Jones and Jennifer Dempsey

Courts Continue to Weigh in on the Issue of Website Accessibility

November 28, 2017

by: Merrit Jones and Jennifer Dempsey

Courts across the country continue to weigh in on the issue of website accessibility. Earlier this month, the U.S. District Court for the District of New Hampshire denied a Motion to Dismiss filed by online food delivery servicer Blue Apron. In denying the motion, the court found that Blue Apron’s website is a place of public accommodation – despite the

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Bank Website ADA Litigation

July 6, 2017

Authors

Robert Klingler, Merrit Jones and Jennifer Dempsey

Bank Website ADA Litigation

July 6, 2017

by: Robert Klingler, Merrit Jones and Jennifer Dempsey

Although the frequency of bank clients receiving demand letters related to violations of the Americans with Disabilities Act (“ADA”)  based on website (in)accessibility seems to be declining, Bryan Cave lawyers around the country continue to be actively involved in defending such claims in other industries.  In addition to working with the Georgia Bankers Association and the California Bankers Association, Bryan Cave has

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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

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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

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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

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New Class Action Suits Filed Alleging ATMs Not ADA Compliant

July 25, 2013

Authors

Jerry Blanchard

New Class Action Suits Filed Alleging ATMs Not ADA Compliant

July 25, 2013

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

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New Class Action Regarding ATMs filed in Georgia

March 6, 2013

Authors

Bryan Cave Leighton Paisner

New Class Action Regarding ATMs filed in Georgia

March 6, 2013

by: Bryan Cave Leighton Paisner

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.

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