HOUSTON A prolific plaintiffs’ lawyer filed a new slew of lawsuits in recent days, alleging credit unions are violating the Americans With Disabilities Act provisions requiring ATMs be accessible to the visually impaired.
The new suits, naming South Texas Area Resources CU, America’s CU, Cross Valley FCU, Neighborhood CU and Member’s First CU, all were filed on behalf of legally blind consumers by Pittsburgh attorney R. Bruce Carlson, who has sued more than three dozen credit unions and dozens of banks under the ADA.
The latest claims come as many credit unions are moving to settle the suits by agreeing to make the necessary upgrades to satisfy the ATM requirements of the ADA, without paying class action damages or fines, according to lawyers representing some of the credit unions, who declined to be identified because the official terms of the settlements are confidential.
Otherwise the only expenses appear to be the lawyers’ fees the credit unions and banks have agreed to pay, at an average of around $25,000 each. Court documents indicate settlements by credit unions and banks all come with agreements to pay the plaintiff’s attorneys’ fees. In contrast, many of the dozens of suits over ATM fee disclosures required credit unions to pay financial compensation and/or damages to one or a class of consumers and charitable contributions to favored non-profits, as well as lawyers’ fees.
Some of the ADA suits filed by Carlson have been joined by Blind Ambitions, a Delaware group that calls itself an advocacy for the blind. The group has declined several requests to comment on its role. Carlson also has declined numerous requests for comment from Credit Union Journal.
According to court records, Carlson has several individuals filing ADA suits. In Houston a Carlson client named Victoria Gilkerson has filed 25 suits under the ADA, a client named Elena Hunter has sued 19 credit unions and banks, and another named Richard Davis has filed 15 suits. In Corpus Christi, a client named Crystal Rivas has filed suit against eight credit unions and banks. In Philadelphia, a client named Daryl Garner has filed 19 suits and Thomas Klaus has sued 21 credit unions and banks.
Filing of the latest legal claims come as Congress has put a halt to new suits over ATM fees by eliminating the requirement for dual disclosures on non-customer charges, even as dozens of legal claims against credit unions and banks are still pending.
Court records show most of the ADA settlements the credit unions have entered into with Carlson agree to upgrade any noncompliant ATMs with the required braille keyboard and earphone plus to make the machines accessible to the visually impaired, and to provide regular monitoring and reporting on compliance.
Among the credit unions agreeing to settle ADA suits are: Premier America CU, Member Source CU, First Community CU, Houston FCU, Members Choice CU, JSC FCU, Coastal Community CU, Security One FCU, Fort Worth Community CU, Frick TriCounty FCU, Freedom United FCU, West AirComm FCU, Washington Community FCU and American Heritage FCU.
