Banc of California Class Action Lawsuit Says ATMs Aren’t ADA Friendly

Banc of California has been hit with a class action lawsuit alleging that its ATMs violate the Americans with Disabilities Act (ADA) by not allowing blind people to access them without disclosing private banking information to third parties.

The lead plaintiff in the Banc of California class action lawsuit is Brett Boyer, a legally blind resident of California who filed the complaint on April 18. In the class action lawsuit, Boyer alleges that in early March of this year he attempted to use a Banc of California ATM in his neighborhood with his ATM card and compatible headphones. The ATM however, the complaint alleges, did not provide the requisite Braille instructions regarding how to initiate speech mode, the speech mode was not able to be interrupted, and the ATM did not have the proper tactile symbol for the “clear” function.”

As a result of these deficiencies, Boyer alleges that he cannot use the ATM located within his neighborhood without providing his private banking information to third parties or he must visit inconveniently located ATMs that are compliant with the ADA. Boyer also alleges in the Banc of California class action lawsuit that “[a] significant percentage of the ATMs that are located within the geographic zone the Boyer typically travels to as a part of his every day and weekly activities do not comply with the 2010 standards and are therefore inaccessible to individuals with disabilities like [Boyer].”

In the ATM class action lawsuit, Boyer states “[t]he ADA broadly protects the rights of individuals with disabilities with respect to employment, access to State and local government services, places of public accommodation, transportation, and other important areas of American life,” and “Title III of the ADA prohibits discrimination in the activities of places of public accommodation and requires places of public accommodation to comply with ADA standards and be readily accessible to, and independently usable by, individuals with disabilities.”

“On July 26, 1991, the Department of Justice issued rules implementing Title III of the ADA…[and it] contains the ADA standards for Accessible Design,” according to the complaint. The standards were revised in 2010 and “[a]s a part of the 2010 Standards, there were revisions to both the structural and communicative requirements of an ATM.”

“After March 15, 2011, all existing ATMs where required to be in compliance with the 1991 Standards, and must be compliant with the communicative features of the 2010 Standards…[h]owever, if an ATM was compliant with the structural requirements of the 1991 Standards, but not the new structural requirements contained in the 2010 Standards, the owner/operator was given safe harbor until March 15, 2012,” the complaint continues.

“Despite this mandate…Defendant’s ATMs are not fully accessible to, and independently useable by, individuals with disabilities,” Boyer claims.

For relief, Boyer is asking for a declaratory judgment that Banc of California is in violation of the ADA, but also a permanent injunction directing Banc of California to come into full compliance as well as provide periodic monitoring to confirm compliance, in addition to attorneys costs and fees. Boyer seeks to represent all individuals with disabilities who have attempted to access or will attempt to access Banc of California ATMs.

A motion by Branch Banking and Trust Co. to dismiss a similar class action in Georgia was rejected by a federal judge in October.

Lead plaintiff, Brett Boyer, is represented by Gerald D. Wells III and Meghan S. Maertz of Connolly Wells & Gray LLP.

The Banc of Calif. ATM ADA Class Action Lawsuit is Brett Boyer v. Banc of California Inc., d/b/a Banc of California, Case No. 3:14-cv-00980, in the U.S. District Court for the Southern District of California.