ATM - New ADA rules

What is the timeframe for the new rules, and where can I find the new rules from the DOJ and ADA?
It looks like there is a 180 day comment period on the proposal?

It is a final rule, and we will have 6 months to comply with them. The ATM rules for speech output appear to be quite a burden.

http://www.ada.gov/regs2010/titleIII_2010/reg3_2010.html

Thanks!
Is there a link to the specific ATM rules?

Anyone have the short and sweet here's what changed version?

http://www.access-board.gov/ada-aba/final.cfm#a707

1. Speech output
2. Tactilely discernable input controls
3. May require retrofit
4. Unless "undue burden"
5. Enforceable 6 months after publication in Fed Register.

Thank you John!

Has it been published in the Fed Register?

I have read several times in publications from the DOJ that although these rules take effect 6 months after publish, Compliance with the standards is not required until 18 months after publication.

So is it 6 or 18?

Also, John, is the link you posted is not of the updated rules? The page states at the top "Published in the Federal Register July 23, 2004 and amended August 5, 2005. "

Is there a document that shows the changes to the rules and not just what the rules are?

It looks like 18 months to me.

It also looks like the Fed is now mandating the recommended actions from 2004-2005.

We are starting to receive many questions after the ABA posted the article.

Does anyone know of a document that shows just the changes that take affect? Not the total ruling. I am compiling a document to highlight what the changes are, but would like to know if there was any guidance issued on that.

If I'm understanding this correctly, the upgrades to our ATM's will be required unless this would result in an "undue burden." Where can we find the definition of undue burden"?

From what I could tell, the 18 month extension only applies to certain entities (lodging, education, medical care facilities)See section 36.406. All others are 6 months from FR publishing date.

How come there isn't more discussion on this? This seems like a big topic. What will consitute an undue burden? All existing ATMs need to be re-adjusted to conform to new height reach requirements and functionality? At what expense does undue burden kick in?

I was wondering the same thing. With all the ATMs out there that may need some type of software and hardware modification, this is a pretty big deal. I was trying to wait until some industry experts issued some good high level summaries.

http://www.bankersonline.com/forum/ubbthreads.php?ubb=showflat&Number=1422625#Post1422625

I keep reading the posts and the new standards. All I read are changes required for ATMs. Are they required for all ATMs? All we have are drive-up ATMs. Section 707 talks about the changes related to "clear floor or ground space." Is this just for walk up ATMs or drive-up ATMs as well?

Thanks

Keep reading Section 707, it states that drive-up only ATMs are an exception.

They are exceptions to some of the requirements, but not all.

This is true, but he was referring to Clear Floor and Ground Space, which drive-up only ATMs are excluded from.

So i geuss we need to know what is being requried its hard to understand at this point, we only have drive thru ATM's.
Where or who can shed some light on this subject, so basically we have til year end to be compliant. Is it just this voice thing and the thing to assist the blind?

Can anyone tell me if drive up only ATM's are going to be required to have the speech output? I do not see an exception that would exclude these.

707 is very straight-forward. If the exclusion is not there, it does not exist. Drive-through is not excluded from Speech Output, the reason being there may be a disabled person in the rear passenger seat.

This just applies to ATM's and not cash machines right?

Has anyone seen this published in the Federal Register yet? I've been looking and I searched but cannot find.

I have been watching too and haven't seen anything yet. Anyone else seen anything?

Anyone see this published yet?

Not yet.

It is scheduled to be published in tomorrow's Federal Register. http://www.archives.gov/federal-register/public-inspection/

Once on the page, click the link to view tomorrow's Federal Register and scroll down to the Justice Department entries.

How cool is that! Thanks!

Here's the rule. http://edocket.access.gpo.gov/2010/pdf/2010-21824.pdf

OH! OH! HOW EXCITING!!!

What is the absolute compliance date? The ABA mentions the compliance date of March 15, 2010 only means you need to implement a compliance plan by that date, not complete upgrades by that date. So then by what date do the upgrades need to be completed by?

http://edocket.access.gpo.gov/2010/pdf/2010-21821.pdf

Oops...sorry about that. I didn't realize the link to the rule was posted...didn't realize there were two pages to this thread!

The DOJ's ADA website makes the following statement.

"These final rules will take effect March 15, 2011. Compliance with the 2010 Standards for Accessible Design is permitted as of September 15, 2010, but not required until March 15, 2012."

http://www.ada.gov/regs2010/ADAregs2010.htm

Is there a listing of what specific actions a bank will have to take to upgrade their ATMs to adhere to the new ADA requirements?

(Reading the Federal Register puts me to sleep.)

Has anyone "seen" one of these new ATMs. I spoke with our local ATM service provider about these new rules. He indicated that the bank would need to contact the manufacturer to discuss a plan of action on approaching compliance with ADA. Sounds like we will need to document our ability or lack thereof regarding any upgrade to meet these new rules.

Seems like we spend a great deal of time and money to cater to a very small fraction of our population. Anyone have an idea of the cost/benefit of such rules. How many people even utilize ATMs that are visually impaired? Was any research done in this area or are we again just catering to the squeaky wheel? I can see providing such machines in special areas, but to require each and every ATM is over the top.

-------------------------------------------
Just a thought... Like we need more regs...

Maybe a silly question, but are drive-up ATMs exempt from the new 2010 Standards?

Drive-up ATMs are exempt from the reach and front clearance restrictions, but are subject to the requirement to accommodate visually-impaired cardholders. The assumption is that a visually-impaired individual could be in the passenger seat behind the driver of a vehicle.

This might be a silly question, but the rules say to refer to See 28 CFR part 36, app. B at 728 (2009). I cannot find 728 anywhere. Does anyone have any suggestions? Thanks ~

"The Department consistently has taken the position that the
communication-related elements of ATMs are auxiliary aids and
services, rather than structural elements. See 28 CFR part 36, app. B at 728 (2009)."

So what is undue burden defined by this fabulous new requirement?

It is not defined. One has to state one's case that the burden of upgrading all one's ATMs is excessive and hope that it's accepted.

We have been in the process of upgrading our ATMs. Most of them have been upgraded. On the new ATMs, there is a spot where a headset could be plugged into, would this be sufficient?

I guess the question would be, does anything happen when one plugs their headphones in?

Just because the plugin is available, has the machine been equipped to utilize it, or is it simply there for possible future use?

I haven't had a chance to read this thru all the way, but it appears there are also requirements for phone access(TTY) for the hearing impaired...These upgrades could really get expensive! I am sooo challenged when it comes to technology.

We reviewed our ATMs and out of 74, 66 are currently non-compliant. In order to bring them into compliance, it would cost upwards of $1 million. We are looking at extending the compliance deadline to ease the cost. How do we go about claiming undue burden, i.e. who do we contact and what documents are we required to provide to claim undue burden?

Dumb question, what about all these owner operated ATMs out there? Are they required to comply????? or again, it's just the banks that must comply?

I believe there is a proposed ADA requirement addressing ATMs that are free-standing (not built into wall or other structure). That would address most of the C-store units and those in hotel lobbies, etc. But if an owner-operator (non-bank) has a machine that's built in (Publix Supermarkets in Florida are, I think, good examples), it's subject to the current new rule.

$1 Million to make compliant what should be mostly software issues? Over $15,000 for each ATM?? That sounds off. Do you have really old ATMs that were not compliant with 1991 standards? Or do you realze the structural elements such as reach ranges have a safe harbor?

John, do the owner-operated ATMs also have to be voice compliant? I'm talking all these little ATMs around everywhere.

That was the price our IT Department relayed to us. They received an estimate from our ATM vendor. But yes, our ATMs are quite old. I do not know if they are currently compliant with the 1991 standards, but they are definitely not compliant with the 2010 rules.

I would ask for a detailed report to see if they are unnecessarily upgrading structural elements that have a safe harbor, because $15,000+ per ATM is an exuberant amount. You would have to prove this "estimate" to hold water in order to claim undue burden.

Most of the changes are software issues, software is a reletively cheap upgrade.

Trying to get our arms around this one. Our ATMs are all old as dirt.

What we're running into is that the processors aren't up to the task of running the OS version required to support speech, and Diebold is telling us they aren't upgradeable (1074I, 1064I, and 1064IX machines). The speech requirement is the one that's killing us. We're looking at buying a bunch of new hardware just so they can talk to you.

Most of our machines are free standing (hospital and university lobbies). Unless they're exempted from all this, we'll probably just pull these machines altogether rather than purchase new ones.

Hi!
does anyone know what the rules are for drive up ATMs? I know we do not have to comply with certain items but not sure what ones we must do. Does anyone have a punch list of changes?

Yikes focus!

Our institution has the same problem as focus, unfortunately our ATMs are not freestanding. We use Diebold as well and have the same model of ATM. Hence the huge expense in upgrades.

We were notified that Diebold is ending their support of the 1072ix & 1074ix ATMs in the next few years, so we are not upgrading. Fortunately, we've already budgeted for replacements.

The majority of our locations have one walk-up ATM and one drive-up ATM. If the walk-up is fully ADA compliant, do we need to upgrade the drive-up to be fully compliant (ie: speach output)?

According to the ABA analysis, if we have two ATMs at one location, only one needs to be accessible. However, this statement is directly after a paragraph speaking about physical access. Are they saying if the walk-up is fully compliant the drive-up does not have to be? Or are they simply speaking in the aspect of physical access, not speach and auxilary capabilities?

Answered my own questions. But it is tricky...

If you have two or more ATMs in one location, then only one needs to be fully compliant. HOWEVER, if a branch has interior and exterior ATMs, they are considered seperate locations. i.e. if you have a drive-up only ATM and a walk-up ATM in your vestibule, they are considered seperate locations and both are to comply.

So, to summarize:
- Some exceptions apply to drive-up machines; generally in re: to structural elements in a common-sense sort of way.
- Speech is considered auxiliary - there are no exceptions for auxiliary functions.
- This is on a per location basis, meaning in an ATM farm only 1 must be fully compliant. (Important note, external/internal are considered seperate locations.) Does this include the speech requirement?
- We need to have a gameplan figured out by March 2011. We need to be functionally compliant by March 2012.

Question: Free-standing machines: different ballgame altogether? Do auxiliary functions (speech) apply? Or is the structural stuff the only exception/difference we're talking about?

Since this would apply to ADA rules and ATMs i thought i would ask on this string. Our Bank's ATMs currently have signs that disclose our OD fees and practices on the ATM. With the new ADA law it looks like this would need to be either in brail or incorporated into the screens for speech output. We already have the foreign cardholder atm withdrawal fee as and ATM screen, but not the OD dosclosure. What is everyone else doing about this?

I have another question to add. Our Diebold rep passed on an opinion expressed by another customer that ATMs on a military based would not be covered. Has anyone else had that come up?

Hmmm.. So no one with a disability is allowed on military bases??

Here is what I have determined for Drive up ATMs.
And yes I beleive it is March 2012

1 Tactile symbols (should already have this)
2 Speech output for
a) Instructions
b) Transaction Prompts
c) Input verification
d) Error Messages
e) Key items on the receipt
3 Speech output options are either a Handset or an industry standard headphone jack (I would think a handset would be too easy for vandals to rip-off)
4 Volume Control

I have been researching this all morning, is there some place that I could find the final rule summarized only for ATM requirements. I have read a lot about the other rules but seem to find what I'm looking for! Thanks.

I called and spoke with the ADA's helpline and they relayed the following information to me when I expressed that updating 60+ ATMs would be an undue burden:

If the ATMs met the 1991 standards by March 15, 2012, we would not be required to act.

If we were upgrading or altering an ATM between September 15, 2010 and March 15, 2010, we could choose to either follow the 1991 standards or the 2010 standards.

If the ATM was upgraded or updated on March 15, 2010, the ATM is required to conform with the 2010 standards.

Also, a compliance plan must be in place by March 15, 2011 for all ATMs that currently do not comply with 1991 standards and for any ATMs that we plan on upgrading or updating between now and March 15, 2012.

If I were you, I would get this in writing.

Also, if you have an undue burden, you have to prove it. Not just say 60 ATMs is a lot of work.

I am being told that the new ADA requirements include a Privacy issue. We need to do a software upgrade so that the screen goes blank when the customer plugs into the jack. This is because someone in a wheelchair cannot block the screen for privacy.

Is this actually required?
Is it a auxillary aide that must be done by the deadline or is it a structural item that has safe harbor?

707.4 Privacy. Automatic teller machines shall provide the opportunity for the same degree of privacy of input and output available to all individuals.

Advisory 707.4 Privacy. In addition to people who are blind or visually impaired, people with limited reach who use wheelchairs or have short stature, who cannot effectively block the ATM screen with their bodies, may prefer to use speech output. Speech output users can benefit from an option to render the visible screen blank, thereby affording them greater personal security and privacy.

So, do free standing ATM's have different mandates or do the same rules apply?

Sorry to repeat someone else's question, but does anyone have anything that summarizes this new rule along with mandatory compliance dates? Also, does anyone have anything in writing confirming what Seastar heard verbally from the ADA?

[emphasis added]

I have not been able to find anything within the final regulation as published in the Federal Register that addresses the need to have a compliance plan in place by March 2011. I know that was included in the ABA Summary Analysis, but in detailed reading of the final rule it doesn't seem clear that there is an opportunity for banks to have a final compliance date of March 2012 or the plan in place by March 2011. Has anyone been able to confirm this information with reference to the final rule itself? Thanks!

This is a helpful summary from the ABA:

http://www.aba.com/aba/documents/news/ADAAnalysisAug2010.pdf

I would not rely on the words of the ADA Helpline to consider yourself in compliance. Many banks were burned by doing the same thing with the HMDA Helpline.

I did find that the ABA posted a revised version of their analysis after their December 7th webinar. The revised version does better clarify the mandatory compliance dates.

http://www.aba.com/NR/rdonlyres/CE8DC4FB-FBD4-4312-B499-9AE051507C8A/69980/SA_ADA_ONeill2010dec.pdf

[Note: Available only to ABA members with "members only" access codes and passwords.]

I'm running to catch up with this topic, new to the world of automated teller machines! We have walkup and drive up machines. My question...what about our remote ATMs...those we've installed for businesses? They are cash dispensers. Do the new rules apply to them?

Ok, we are getting some conflicting information about the absolute drop dead timeline for compliance with this.

We have 3 drive-up ATMs that all conform to the 1991 standards. We will have to physically replace each one in order to comply with the speech output standards. Do we have to have the new ones installed by March 2011 or do we have until March 2012?

Dani, back on page 2 of this forum thread, it says 2012. Whether that's right or wrong...I hesitate to stake my life on it!

The ABA said 3/15/12. If your bank is an ABA member log in with your user name and password to access the following page and then look at the latest staff analysis on the ADA ATM issue. http://www.aba.com/Members+Only/Regulatory/ADA.htm

I wish we were ABA members.....

That's what I thought (2012), but we got a bulletin from a respected law firm this morning stating that unless we could prove (how to do that....I don't know) undue burden, we had to have it in place by 2011.

Thanks so much!

It is confusing because the final rule says its effective 3/2011. I didn't see a different "mandatory" date.

The law firm is either mixing up their dates or not being descriptive enough.

You are required to have a compliance plan by 3-15-2011. You are required to be in compliance (or structural safe harbor) by 3-15-2012 unless you can prove undue burden.

Also, do your own research, do not rely on the ABA document for everything, they have at least one incorrect statement in that document that can leave you out of compliance -- when I contact and spoke to them, they said the document is not meant to be relied upon for compliance by banks, only for informational purposes only so they will not send out a correction. -- The issue being their depiction of more than one ATM at a location. If a branch has an exterior and interior ATM, they are to be considering seperate locations even though they are at the same branch location. The ABA analysis leads you to believe only one of those ATMs would need to comply. So if you have a branch with a drive-up ATM and a lobby walk-up ATM, both must comply, even though they are at the same branch location.

I really need help with this also. All of our ATMs meet the 1991 accessibility standards. My understanding is that this provides us with a safe harbor for accessibility only.

The cost for the speech output requirements for us is well over $1 million. Questions: 1) Is the deadline for speech output 03/2012, 2) To whom do we submit our plea for undue burden, 3) Is there actually a requirement for a written plan by 03/15/2011 who is going to request our plan, 4)What would that plea for undue burden do for us anyway if the deadline is 03/2012?

upstate, keep in mind, even though you may have an undue burden to upgrade all your ATMs, your compliance plan should include updating at least some of your ATMs, it is not all or nothing.

Bob, you seem to have a pretty good handle on this. Is the deadline for voice 03/12? And am I correct that if we meet the 1991 conditions for accessibility that we have no further responsibilities with regards to that?

Also, I can't seem to determine definitively if we are supposed to have a plan by 03/15.

The safe harbor is for structural elements. Keep in mind, you are still subject to barrier removal when it comes to accessibility. And yes, you must meet the 1991 standards to be eligible for the safe harbor.

My analysis of the new rules is you are to have a compliance plan by March 15, 2011. Compliance date is March 15, 2012.

It is my understanding the new 2010 ADA clear floor, reach, measurement requirements don't have to be met on existing ATMs etc.

However, if we have to install a new machine to comply with the text to speech aspect because it can't be upgraded, does it now need to comply with the measurement requirements as well because it is new?

So, what do you do if the convenience store you have the machine at doesn't have wide enough aisles for a wheelchair to get to the ATM and you have to replace the existing machine with a new machine to comply with the communicaiton aspect?

The U.S. DOJ just published this about the ADA 2010 rules effective dates.

http://www.ada.gov/revised_effective_dates-2010.pdf

Hopefully I've got all this straight:

Effective Communication (auxiliary aids & services) requirements are effective 3-15-2011.

3-15-2012 is the compliance date for using the 2010 standards for new construction, alterations, program accessibility and barrier removal.

From September 15, 2010, to March 15, 2012, if new construction or alterations are implemented, the bank may choose either the 1991 Standards or the 2010 Standards.

On or after March 15, 2012, all newly constructed or altered facilities must comply with all of the requirements in the 2010 Standards.

If elements in existing facilities already comply with corresponding elements in the 1991 Standards and are not being altered, then entities are not required to make changes to those elements to bring them into compliance with the 2010 Standards.

As for "readily achievable" barrier removal:
From September 15, 2010, to March 15, 2012, if the elements in a business serving the public (public accommodation) do not comply with the requirements for those elements in the 1991 Standards, the elements must be modified, to the extent readily achievable, using either the 1991 Standards or the 2010 Standards. The public accommodation must use only one standard (either 1991 or 2010, but not both) for removing barriers in the entire facility. For example, it cannot choose the 1991 Standards for accessible routes and the 2010 Standards for restrooms.

On or after March 15, 2012, elements in a facility that do not comply with the 1991 Standards’ requirements for those elements (for example where an existing business has never undertaken readily achievable barrier removal) must be modified using the 2010 Standards to the extent readily achievable.

so, as long as the store is compliant with the 91 standards, we are okay in replacing a machine to upgrade the communication in the location that is not compliant with the 2010 clear floor?

Thus we replace an ATM with a new one but the 2010 clear floor is not met but the 91 is?

Eleven out of 15 existing ATMs cannot be upgraded to be voice capable and do not have jacks for headphones. I'd say that is an undue burden and expense. I guess we'd just document and make a plan that any new ATMs will fully comply.

To bring our ATMs into compliance will cost in excess of $8.6 million. This is creating an undue burden for us. Since our regulators are requiring additional capital, this expenduture is an undue burden. Plus the shortage of parts and compliant ATMs probably will also create undue burden.

But to show that the bank is trying to comply we have identified over 30% of the ATMs that can be upgraded for a lot smaller amount (under $250,000). The ATMs at branch facilities that are not compliant will have a sticker or sign stating if they need assistance an employee has been trained to provide assistance.

This is our plan.

$8.6 million???? How many ATMs do you have?

close to 200

Does the bank's compliance plan need to be board approved?

There's nothing in the regulations that would require board approval. However, most banks' plans will include some level of capital investment. That may be something your board will have to sign off on.

Has anyone come across an ATM-ADA webinar?

We have completed our plan. We have received pricing to include voice output on each ATM. I am getting a little confused. The effective date of 3/15/2012, is that for only new or alterations to ATMs? We if do not make any alterations, do we have to be compliant by 3/15/12?

is this correct?

Effective Communication (auxiliary aids & services) requirements are effective 3-15-2011.

Yes, unless you can prove it causes an undue burden to modify existing ATMs. You'd also have to put a plan in place.

I have a question regarding the compliance plan (I realize this is a little late). Is there any certain format/outline that it should be in? I just typed mine in a paragraph form in Word.

Doesn't matter what form it is in as long as you cover all the important points. Make sure you have at least inventoried your existing ATMs, determined which ones are upgradable, which ones need to be replaced, the cost of the upgrades and replacements, and your time table for getting it all done by 3/15/12.

Thanks Dani!!

Will our regulators (we are OCC) be checking for compliance with these new ADA rules? I'm confused as to who will be regulating this.

I don't think so, I think it is enforced by the DOJ.

If you have a 1991 compliant ATM but you need to add a telephone as a auxilliary communication aid, would that be considered an alteration where you would then have to make the ATM 2010 compliant?

Do not believe so. However, keep in mind it is only structural elements that are given safe harbor and even then readily achievable barrier removal applies.

FYI That is great you are putting a telephone on the ATM, but are you aware that is not required? If possible, you can just have a headphone jack for the customer to plug in typical headphones of theirs.

Does the compliance plan need to be submitted to the Board for approval?

If your bank has to invest any money in upgrades, I'm pretty sure your board will want to sign off on it. It can be quite a capital investment/expenditure depending on how many upgrades and the type of upgrades you need to make.

Advisory 707.4 Privacy:

Is a blank screen required or an option? (this was brought up earlier but never answered completely)

Our product folks attended a webinar and this was brought up as potentially required, and they stated that we need to have our own legal team review

Thoughts?

Sorry for revisiting this old link, but can anyone tell me what the height and reach requirement is referring to - key pad, screen, etc...?

Still looking for someone who might know what the height and reach requirement is referring to specifically. Thanks!

This has some useful drawings of the requirements and different situations.

And here is the link!

http://www.mcul.org/files/cucorp/744/fil...0FINAL%20HO.pdf

Thank you very much Kathleen!

ATM Compliance
If your institution has not updated its ATMs to meet the new ADA rules, you are behind the power curve. Compliance was mandatory by March 15. We have heard from the ADA that you will not be criticized if the reason for delayed compliance is because your ATM provider could not convert your machines because of scheduling problems, and you have documentation of that fact. The new rules require that all ATMs must be speech enabled to service visually impaired customer. Also, all ATMs must have braille instructions to initiate the voice guidance feature. The only exception is if the cost of the conversion would cause an undue burden or expense to the ATM owner. Also, get out that old measuring stick; the new height and reach requirement is 48 inches for all new ATMs and ATM re-locations.

Send out by TriComply

A few thoughts on this message...

"We have heard from the ADA" -- How in the world do you hear from the Americans with Disabilities Act. This is the first I have heard of a law speaking -- especially when the written law provides no such language what-so-ever. They either completely fabricated this statement or incorrectly said they "heard from the ADA"... The Department of Justice could make such a statement, but I have yet to see it, if the DOJ did say this can someone please post a link?

"The new rules require that all ATMs... The only exception is if the cost..." -- Not true, if you have two ATMs in the same location, only one needs to comply. (Keep in mind a drive-up and a walk-up ATM at the same building are considered seperate locations).

[quote=Bob The Bankerif you have two ATMs in the same location, only one needs to comply. (Keep in mind a drive-up and a walk-up ATM at the same building are considered seperate locations).[/quote]

Bob,

Can you direct me to where this is written? This would save us a good chunk of change at one of our locations. And yes, I realize that we're late, but a plan is in place and we are motoring along.

Thank you!

ADA Guidelines:

ADA CHAPTER 2: SCOPING REQUIREMENTS

220 Automatic Teller Machines and Fare Machines
220.1 General. Where automatic teller machines or self-service fare vending, collection, or adjustment
machines are provided, at least one of each type provided at each location shall comply with 707.
Where bins are provided for envelopes, waste paper, or other purposes, at least one of each type shall
comply with 811.

Advisory 220.1 General. If a bank provides both interior and exterior ATMs, each such
installation is considered a separate location. Accessible ATMs, including those with
speech and those that are within reach of people who use wheelchairs, must provide all the
functions provided to customers at that location at all times. For example, it is unacceptable
for the accessible ATM only to provide cash withdrawals while inaccessible ATMs also sell
theater tickets.

Thank you!!

You're welcome!

Pay close attention to the advisory and remember... don't sell theater tickets from your inaccesible ATM but not from your accessible ATM! LOL I get a kick out of that example!

That is good advice. I shall sell no tickets to any type of show from any ATM in my fleet, for sure.

The related lawsuits have started locally.

http://www.post-gazette.com/stories/loca...r-blind-632652/

The lead time on an ATM is 6-8 weeks. Diebold and NCR are the major providers, and they are using field technicians to do installs just to try to keep up with demand. This was very poorly thought out.

That said, lawsuits such as this one are frivolous and akin to the couple running around seeking out ATM's without their fee notice attached and filing random lawsuits. Banks settle because it's often cost effective to do so, but it's a shame that we can't shut down these types of lawsuits.

We're spending a TON of money on all new ATMs to comply with this demand.

I really need to buy stock in NCR!!

Why is this frivolous? The Bank is required by law to provide access and has declined to do so.

This IS poorly thought out, but completely on behalf of the Banks who all wanted to wait until the last minute to put these upgrades in place. Banks were given well what, over 2 years to prepare for this? - those not in compliance now are incompliant because of their failure to take the issue seriously and implement the legally required upgrades.

IMO, they are frivolous because they are brought on primarily by people who are seeking lawsuits rather than by people who are victims or even subjects of the offense (ie-disabled).

The fact that this individual has filed against several local banks is an indication that he simply is looking for a paycheck. Banking regulations aside, it is what is wrong with our justice system. Rather than a lawsuit by an individual, it should be a fine by the regulating agency.

The fee notice thing is easily combatted, and we would win any lawsuits brought on as we have been diligent in documenting, visually, our ATMs with the Fee Notice attached.

Our new machines are being wrapped with the fee notice as part of the design, so it cannot simply be torn off.

Dragging our feet or not, since this came into play, Diebold and NCR have been working non-stop to keep up with demand (and failing), so there was zero possibility that all banks could have been in compliance in time.

Also, the final rules allow for a compliance plan to be in place as we work to get our ATMs replaced.

$2Million is a rough estimate of our cost of replacement. Is that an undue burden? I believe it is if we are expected to do it in quick fashion. We're doing it, as is everyone else, but the majority of the machines are being scrapped ONLY because they don't have the software to talk to the customers. Really? I would be willing to bet that less than 5% of our ATMs will ever have headphones plugged into them after the technician conducts the test at install time.

If I actually ever see someone plug in to use the ATM, I'll be very shocked, and I'll be thankful that we were in the position to help out. But a $2Million invoice to help 10-20 customers over the next few years is a hard one to swallow.

I'm venting, but I'm mostly just upset people who have lost nothing are gaining by taking banks to court...again. That is what I call frivolous.

This lawsuit is by a blind man who is unable to use this ATMs. Naming multiple parties is a litigation strategy, not a sign of a "frivolous" lawsuit.


This has nothing to do with the ADA lawsuit. In fact, physical notice requirement is going through the process of potentially being repealed now that notices are provided on-screen.


IMO, I disagree. The industry had some approx 2+ years to make adjustments and even before that they were aware of the change coming down the road even though it was not set in stone. Very few banks were making changes then, they waited and waited and waited.


FALSE. The period of being compliant by having a plan ended on March 15, 2012. Regardless of whether or not you have a plan, if the ATM is not compliant, you are not compliant.


Whether or not it is an undue burden depends on the financials of your bank. Providing that figure without knowledge of how large a bank you are and how much in income the bank gains, it is impossible to provide an answer. The fact you are doing is though shows it is not an undue burden.

At the end of the day banks love to say how much the ATM's save them in overhead in regards to staffing, how much the ATM's save them in regards to efficiency, and how much revenue the ATM's generate with fees. Yet, the one time the banks are legally reponsible to make these machines accessible to disabled Americans, all of a sudden it is a money pit.


One of your key access devices, an access device that is continuously advertised and promoted, is not available to disabled customers. The everyday person has trouble enough finding time to get to the bank because of the limited hours, but now this disabled person is expected to do that and not have the benefit of one of your most promoted access devices?

A blind man is suing banks that refuse to provide the service they are legally obligated to. The requirements for the ATMs are VERY well known - so it is not some little known technicality. If your bank wants to provide technologically advanced services for customers then you have a responsibility to provide those in accordance with the laws of the United States of America.

The ADA Guidelines are not requiring you to reconstruct ATMs and lower them... simply provide services such as an earpiece technology that has been around for ATMs for quite some time now.

The thing I find most egregious is the complete disregard and/or contempt to provide disabled Americans with simple access features that are legally required. Many disabled Americans were put into their situations because they are retired veterans who were injured during the call of duty protecting this country. God forbid a bank provide them the ability to use an ATM with a simple earpiece.

Bob and Pup,

Thank you both for sharing what I believe are deeply-held convictions on this issue.

At 33 - 40 percent of the settlement going to the law firm we will always see these types of cases.

Well said.


We upgraded hundreds of ATMs. It wasn't easy or cheap, but it is the law and it is the right thing to do. The ADA provides for private action because it is the only way to force change...most people have little understanding of how difficult it can be to live with a disability.

I don't think this question ever got addressed? Any thoughts????

I responded to this question in another thread.

The only requirement is what is in 707. What can you do to provide privacy?

707.4 Privacy. Automatic teller machines shall provide the opportunity for the same degree of privacy of input and output available to all individuals.

Advisory 707.4 Privacy. In addition to people who are blind or visually impaired, people with limited reach who use wheelchairs or have short stature, who cannot effectively block the ATM screen with their bodies, may prefer to use speech output. Speech output users can benefit from an option to render the visible screen blank, thereby affording them greater personal security and privacy.