ABA has published a members-only staff analysis notifying banks of a new wave of litigation under the Americans with Disabilities Act against businesses for failing to provide gift cards with braille. Although these lawsuits—numbering at least 100 thus far—have targeted major retailers, restaurants, and merchants, there is a risk that banks could become targets of similar lawsuits or demand letters regarding inaccessible debit or credit cards.
The current wave of lawsuits were filed by the same attorneys who filed hundreds of lawsuits in 2015 claiming that businesses’ websites were not accessible in violation of the ADA. The staff analysis provides guidance on steps banks may wish to take to avoid receipt of a demand letter or complaint. Read the staff analysis.