Cardtronics, a major owner and operator of ATMs, has agreed to pay $1.5 million to resolve claims that it failed to comply with past court orders to make its machines accessible to the blind, Attorney General Martha Coakley’s office said today.
"With this settlement, blind and visually impaired consumers finally will have equal access to Cardtronics’ ATMs in Massachusetts and across the country," Coakley said in a statement. "Our office will be aggressive in enforcing the terms of its agreements. We are pleased to have worked with the National Federation of the Blind to achieve this important result."
The agreement reached by Coakley’s office and the National Federation of the Blind (NFB), filed today in the U.S. District Court, is still subject to court approval, but the settlement intends to resolve pending civil contempt charges filed in 2011 and 2012 against Cardtronics, requiring the company to adopt accessibility features at its 95,000 or so ATMs nationwide.
According to the terms of the agreement, Cardtronics Inc. must make all of its ATMs nationwide accessible to the blind and visually impaired with a combination of Braille markers and advanced voice-guidance technologies – or ultimately divest itself of non-compliant ATMs.
In December 2007, Coakley’s office and the NFB reached a settlement with Cardronics that required many of the ATMs that it owns and services to be accessible to blind and visually impaired users. In November 2010, following Cardtronics’ alleged noncompliance with its obligations under the settlement, the court approved a joint remediation plan that imposed additional obligations on Cardtronics.
In 2011, following a motion by the AG’s Office and the NFB, the court found that Cardtronics was not in compliance with the original settlement and remediation plan, and gave it until March 15, 2012 to achieve full compliance. After Cardtronics failed to comply, the court granted a second motion for contempt in March 2013. The court found sanctions against the company warranted and appointed a special master to recommend a compliance plan. Following proceedings before the special master, the parties entered into the agreement filed today.
Under the terms of today’s settlement, Cardtronics agreed to pay a total of $1.5 million, including $250,000 to the Commonwealth to be used by the attorney general’s office to fund programs that promote accessibility for individuals with disabilities.
Cardtronics will also establish an Accessibility Center of Excellence that will deliver industry-leading voice guidance technology to consumers by working with ATM manufacturers and other industry partners to promote industry-wide best practices.
