Community Bankers Association of Illinois

ADA ATM Compliance Update
April 20, 2012

Many Illinois banks encountered difficulty transitioning to compliance with the Justice Department’s final rule governing ATM accessibility for the visually impaired. As of March 15th, all ATM locations and bank self-service terminals were to include an audio component for displayed information and additional ATM functions must be outfitted with audio headset capabilities.

According to industry estimates, as many as half of the nation’s 400,000 ATMs will not be compliant with the new ADA regulations. Unfortunately, many banks are waiting on hardware and software enhancements. Bank regulators recognize bankers rely on suppliers for ATM hardware and software solutions. Rather than taking non-compliant ATMS out of operation, regulators ask that bankers have a plan and are making good faith efforts toward compliance. The OCC and the State’s Division of Banking have told CBAI that enforcement of the ADA compliance regulation is not among the highest priorities of those agencies, although bank regulators acknowledge that the Department of Justice investigates ADA violations when customers complain. Banks should be able to document the reason(s) for any failure to meet the deadline and that they are making good faith efforts toward compliance.

A safe harbor exception is available for banks if the rule results in an “undue burden”, but it should only be implemented after consulting legal counsel and on an interim basis. Read more on the Rule and Compliance.

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