In short, yes, your mobile applications should be ADA compliant. Your bank should review your websites and mobile applications for compliance in order to reduce the risk of litigation and should consider taking steps to remediate their platforms to ensure people with disabilities have equal access to consumer-facing content.
In January, the Ninth Circuit issued one of the first appellate decisions on the subject of websites and mobile applications’ accessibility to visually impaired and other disabled individuals under the Americans with Disabilities Act (“ADA”).
In Robles v. Domino’s Pizza, LLC, No. 17-55504, __ F. 3d __ (9th Cir. Jan. 15, 2019), the Ninth Circuit affirmed the District Court’s ruling that the ADA applies to Domino’s website and app, finding that the ADA requires public accommodations to furnish appropriate “auxiliary aids and services” to ensure effective communications with disabled individuals. The court further held that the alleged inaccessibility of the website and app impeded access to the goods and services of Domino’s physical pizza franchises. This “nexus” requirement between the website or app and a physical public accommodation is required by some, but not all circuits, in order to state a claim under the ADA.
The court held that the language of the statute alone (including the “auxiliary aids” requirement) provided Domino’s with fair notice that its website and app must comply with the ADA.
During this webinar, we will discuss a "best practices" action plan for your bank to implement in order to combat ADA litigation.
Learn more about Carly Souther’s webinar ADA Website Compliance