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The Americans with Disability Act's ATM Standards
Since the March 2012 effective date of the new Americans with Disabilities Act (ADA) standards regulating automated teller machines (ATM), it is estimated that plaintiffs have filed over 100 class action lawsuits in federal district courts across the country. The plaintiffs in these actions claim that almost half of the nation's 400,000 ATMs are inaccessible to individuals with disabilities and, consequently, these individuals allege that they have been the victims of discrimination.
The United States Census Bureau estimates that almost 19% of the adult, non-incarcerated population, or approximately 54 million people, suffer from some form of disability. Because the new ADA regulations cover all ATMs and because of the extent of the United States population who suffer from disabilities, a store owner who has installed an ATM on the store's premises may face an increased litigation risk if the ATM is noncompliant with the new regulations.
On July 26, 1990, President George H.W. Bush signed into law the Americans with Disabilities Act, 42 U.S.C. ' 12101, et seq. The ADA is designed as a comprehensive civil rights law aimed at prohibiting discrimination based on disability. Title III of the ADA protects individuals with disabilities from discrimination in places of public accommodation and provides that places of public accommodation must be readily accessible to, and usable by, individuals with disabilities. In addition to other forms of relief, Title III encourages private lawsuits to enforce the provisions of Title III by allowing a successful plaintiff to recover attorneys' fees and costs, which could be a significant amount.
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