News

Law firm known for EFTA litigation files new ADA suit

March 15, 2013

Now that EFTA lawsuit filings are a thing of the past, will ADA lawsuit filings take their place? A class action lawsuit filed two weeks ago in Atlanta might offer an indication.

According to a report by CUNA News Now, the suit, filed on Feb. 28, was brought by a law firm previously know for representing plaintiffs in cases alleging missing fee notice placards at ATMs. The placards were required by law per Regulation E of the Electronic Fund Transfer Act.

Those suits dried up last December when President Obama signed legislation eliminating the Reg E requirement to post physical fee notices.

The new ADA lawsuit alleges that the plaintiff, a blind woman, was denied access at two ATMs owned and operated by Winston-Salem, N.C.-based Branch Banking and Trust Co. The machines, located in the Georgia cities of Snellville and Lilburn, lacked a voice-guidance feature, Braille instructions for initiating speech mode, and function keys with tactile symbols — all requirements of the ADA.

"Though defendant has centralized policies regarding the management and operation of its ATMs, defendant does not have a plan or policy that is reasonably calculated to cause its ATMs to be in timely compliance with Chapter 7 of the 2010 Standards," according to documents filed with the court.

Unlike EFTA lawsuits, ADA civil suits do not involve large payments to a plaintiff who prevails in a case. But like EFTA suits, ADA lawsuits do include considerable legal costs. The Atlanta suit requests an injunction against the ATM deployer — and the payment of legal fees.

Read more about regulatory issues.