As more customers conduct business online, the number of Americans with Disabilities Act (ADA) Title III lawsuits has increased against companies with inaccessible websites. According to international law firm Seyfarth Shaw, 2,258 ADA compliance website claims were filed in federal court in 2018, an increase of 177% from 2017. At least 133 of these lawsuits involved a bank or credit union. The National Law Review predicts an even higher number of web accessibility cases will be filed in 2019. The first half of the year already had an increase of 51.7% ADA litigation compared to the same six-month period in 2018.
Are you certain you have an ADA-compliant bank website? If not, you risk legal ramifications. You’re also performing a disservice to your customers. To understand the necessity of ADA compliance, consider these web accessibility cases for guidance.
- The United States and Wells Fargo Settlement
- Juan Carlos Gil v. Winn-Dixie Stores Inc.
- Robles v. Domino’s Pizza, LLC
- Final Words
The United States and Wells Fargo Settlement
In 2011, the U.S. Department of Justice (DoJ) launched an investigation against Well Fargo after deaf, hard of hearing, and speech-disabled customers filed numerous ADA complaints against the bank. Thomas Perez, Assistant Attorney General for the Civil Rights Division, said, “Individuals who have disabilities must not be denied equal access to the services offered by financial institutions simply because of their disability.”
Wells Fargo settled the case, agreeing to pay up to $17 million to compensate customers affected by the violations along with a $55,000 civil penalty to the United States. The bank also took several measures to improve accessibility for its customers, including revising its website to be ADA compliant as well as posting its ADA policy online, setting a precedent for web accessibility.
Juan Carlos Gil v. Winn-Dixie Stores Inc.
Although the Wells Fargo settlement occurred at the beginning of the decade, the first web accessibility lawsuit, Juan Carlos Gil v. Winn-Dixie Stores Inc., didn’t go to federal trial until 2017. Gil, who is legally blind and uses a screen reader, sued Winn-Dixie after having difficulties filling prescriptions and downloading coupons on the grocery store’s website.
The Court described Winn-Dixie’s website as “a gateway to the physical store locations,” and the inaccessibility of the website denied Gil “the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations” offered to sighted customers. As a result, Winn-Dixie modified its website to be ADA compliant for use on computers, laptops, tablets, and smartphones. The website had to conform to WCAG 2.0 criteria, including posting a link on the home page to the store’s accessibility policy.
Robles v. Domino’s Pizza
Just last month, the U.S. Supreme Court declined to review Robles v. Domino’s Pizza, LLC, upholding the Ninth Circuit Court of Appeals’ decision that an individual may sue a business for not having an ADA-compliant website.
Guillermo Robles sued Domino’s in 2016, alleging the company’s website and mobile app were inaccessible to blind and visually impaired customers. District Judge S. James Otero of the Central District of California dismissed the lawsuit. He claimed the pizza company could not be held liable because the DoJ had not set specific standards for ADA compliance on websites.
The Ninth Circuit overturned the ruling, stating that “the ADA applies to the services of a public accommodation, not services in a place of public accommodation” and that “the website and app connected customers to the goods and services” of the physical restaurant. The case reinforced the argument that ADA Title III guidelines applied to a company’s online presence as well as its brick-and-mortar locations.
Final Words
Having an ADA-compliant bank or credit union website is as essential as following accessibility design requirements at your branches, such as having reserved parking spaces and ramps.
The Independent Community Bankers of America (ICBA), an industry group representing banks with assets of $50 million or less, offers resources for developing an ADA-compliant bank website. The ICBA has developed a list of Voluntary Access Principles and guidelines for responding to ADA demand letters if you are charged with having an inaccessible website.
Likewise, the National Association of Federally-Insured Credit Unions (NAFCU) has been filing amicus briefs in support of credit unions facing ADA website compliance lawsuits. Since providing support, 50% of the complaints have been dismissed and no new federal cases have been filed against credit unions since April 2018.
Ultimately, you are responsible for the accessibility of your bank website. At BankSITE Services, we can make your website ADA compliant very quickly.
