HOUSTON-Cardtronics is upgrading existing Braille signage on thousands of its ATMs with a goal of fulfilling an agreement that is related to litigation between the company and the state of Massachusetts and the National Federation of the Blind.
A federal court ruled in March that Cardtronics had not met some of the requirements set through a settlement agreement and ensuing remediation plan.
"As a result, the court signaled its intention to impose a financial penalty, but only after the court makes a specific finding concerning the number of non-compliant Cardtronics ATMs as of a court-ordered 2012 deadline," explained Randy Rice, EVP, audit and risk management. "Also taken into consideration will be the degree by which any noncompliance reduced the ability of blind users to access the ATMs."
At issue is a 2003 lawsuit by the state and the NFB brought against E*TRADE Access, E*Trade's ATM portfolio, which Cardtronics acquired in 2004 and in the process inherited the litigation. The world's largest ATM operator entered into a settlement agreement with the state and the NFB in 2007, including a related remediation plan in 2010, which modified some of the requirements and deadlines first established in the 2007 settlement agreement, Cardtronics explained.
Cardtronics emphasized that the current litigation is not related to the Americans With Disabilities Act requirements that took effect last year. "We have been in compliance with the new ADA rules across our entire fleet. However, the enhanced accessibility requirements in our settlement is what we are working toward now," explained Rice.
Goal To Exceed Requirements
Rice pointed out that the remaining settlement requirements Cardtronics is working to meet exceed requirements under the new ADA guidelines, and the company expects to complete the work by October. "The settlement requires enhanced Braille signage on multiple locations on the ATM, while the ADA requires only one Braille label. Another example concerns the specific ways in which voice guidance must operate-a settlement requirement we have met-whereas the ADA is largely silent on technical specifications to achieve voice guidance."
Rice said Cardtronics is committed to meeting the "rigorous" settlement requirements, but emphasized the complicated nature of "meeting one standard established by the federal government and another that originates from the 2007 settlement and 2010 remediation plan."
Rice reiterated that Cardtronics continues to make steady progress toward meeting the terms of the legal settlement and expects to fully satisfy court requirements.
Special Master Involved
"A Special Master has been appointed by the court, charged with making factual findings as to the state of settlement and remediation plan compliance of Cardtronics' ATMs as of the court-ordered 2012 deadline," Rice shared. "Based on those findings, the Special Master will recommend a specific monetary fine as part of a report and recommendation to the court regarding sanctions and any remaining issues. We view a Special Master benefitting all parties, helping us all understand the issues involved."
Cardtronics' fleet of ATMs is a critical electronic funds transfer connection for the nation's credit unions, with links to CO-OP Financial Services, CU24 and hundreds of credit unions connected to Cardtronics' Allpoint surcharge-free ATM network.
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