ATM lawsuits have happened before, but not a class action suit.
If you have an ATM at your site, you are liable for it, even if it is not yours. Quoted below is some requirements of ATMs
Speech OutputMachines shall be speech enabled. Operating instructions and orientation, visible transaction prompts, user input verification, error messages and all displayed information for full use shall be accessible to and independently usable by individuals with vision impairments. Speech shall be delivered through a mechanism that is readily available to all users, including but not limited to, an industry standard connector or a telephone handset. Speech shall be recorded or digitized human, or synthesized. 2010 ADA – 707.5
Input Controls
At least one tactilely discernible input control shall be provided for each function. Where provided, key surfaces not on active areas of display screens shall be raised above surrounding surfaces. Where membrane keys are the only method of input, each shall be tactilely discernable from surrounding surfaces and adjacent keys. 2010 ADA – 707.6.1
Numeric Keypads
Numeric keys shall be arranged in a 12-key ascending or descending telephone keypad layout. The number five key shall be tactilely distinct from the other keys. 2010 ADA – 707.6.2
Display Screen
The display screen shall be visible from a point located 40 inches (1015 mm) above the center of the clear floor space in front of the machine. Characters displayed on the screen shall be in a sans serif font. Characters shall be 3/16 inch (4.8 mm) high minimum, based on the uppercase letter “I.” Characters shall contrast with their background with either light characters on a dark background or dark characters on a light background. 2010 ADA – 707.7.1, 707.7.2
Braille Instructions
Braille instructions for initiating the speech mode shall be provided.
We can add to this that there are height requirements for the device controls, the screen as well as clear floor space requirements to the device and around it depending on whether it is located at the end of an aisle, by a counter, in an aisle or in an alcove. Of course, local ordinances will vary but ADA requirements are universal throughout the United States!
The original article can be found here: http://www.lexology.com/library/detail.aspx?g=89484d78-382c-4230-823b-282e1f607ada
An additional article on the subject can be found here: http://www.mondaq.com/unitedstates/x/229300/Financial+Services/ATM+Regulations+Under+The+ADA+Replace+Fee+Disclosure+Decals+As+The+New+Trend+In+Lawsuits+Against+Financial+Institutions
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