Building a case

While the term “settlement agreement” often carries with it a somewhat negative connotation, some major financial institutions that have been involved in such cases arising from independent access requirements of blind, deafblind and partially sighted consumers have actually witnessed some subsequent advantages over the years.

For visually impaired clients, accessible communications such as alternative format documents, audio output ATM’s and accessible websites are critical for the independent access of their private financial information.  In addition to fulfilling the requirements of blind, deafblind and partially sighted clients, those organizations addressing such diverse needs position themselves as industry leaders, setting an exemplary precedent to both customers and competitors.

In the summer of last year, First Data published and issued a relevant white paper entitled “Alternate Format Financial Documents: The Need and the Approach”.  The content outlines ADA obligations and cites case studies of organizations who faced challenges related to risk and compliance in meeting such requirements.   I have included the text of the white paper in this post to demonstrate the ADA’s direct impact on financial institutions, and illustrate how organizations have become industry forerunners by providing improved access to accessible communications and services for customers.

Here is an excerpt from “Alternate Format Financial Documents: The Need and the Approach” - North America’s leading industries are currently providing customer documents in alternate formats, moving them towards service delivery that is inclusive, accessible and usable.  While there are many compelling reasons why organizations are opting to provide this service solution, the most consequential consideration is that current legislation requires them to do so.  On July 26, 1990, the Americans with Disabilities Act, (ADA), was passed by the United States Congress, providing major civil rights protections to individuals with disabilities.  The intent of this federal law is to reduce barriers to persons with disabilities and to provide equal opportunities in employment, public accommodation, public services, transportation, and telecommunications.

The various titles of the ADA affect many aspects of disabled persons rights, however Title III, Sec.36.303, has a direct impact on financial institutions.  It generally prohibits discrimination that is effected by failure to take the necessary steps to ensure that no disabled individual is excluded, denied services, segregated, or otherwise treated differently than other individuals because of the absence of auxiliary aids and services. These include qualified readers, taped texts, audio recordings, braille and large print materials, or other effective methods of making conventionally delivered documents accessible to individuals with visual impairments.

More and more organizations are facing challenges related to risk and compliance in meeting consumer demands.  Due to non-compliance issues, major financial institutions have been faced with the ramifications of legal disputes from vision impaired claimants requiring independent access to statements and printed materials.

As a result, these institutions have become industry leaders in the forefront of providing improved services for visually impaired customers.  The improved services have included bank and credit card statements in braille, cassette, large print, e-Text and audio (cassette and CD).  Also, raised line checks have been made available in recent years, as well as the installation of talking ATM’s, and in some cases, free bill pay service for the blind.
 
The following cases demonstrate specific examples of the settlement agreements which have positioned these institutions as forerunners who have helped set industry-leading standards for meeting the needs of visually impaired banking customers.

Case 1
In June of 2003, a top ten card issuer entered into a settlement agreement launched by multiple visually impaired claimants who were past, current and/or potential account holders of the issuer.  Under Sec. 36.303 of Title III of the ADA, the issuer was cited to have a legal obligation to provide access to its printed materials, and was ordered to revise its policies, practices and procedures to be consistent with the ADA and effectively communicate to persons with a vision impairment or blindness.

The institution was mandated to make available accessible materials, including braille, large print, audiocassettes, and computer disks, as well as agent/operator and in-person staff assistance.  In addition, the issuer was required to establish a method by which vision impaired or blind customers could request printed material offered by the bank in an alternate format.

This bank was the first to install “talking” automated teller machines as early as 2001, just to mention some of the accessibility options they offer the visually impaired.  They also offer raised line checks at the same price as standard checks.  And, this bank provided bill pay service free to individuals who are visually impaired, as well as offering statements and documents in alternate formats.

Case 2
In a similar example of a settlement agreement dated September 2001, another major financial institution was mandated to revise its existing policy to include the provision of printed information relating broadly to deposit accounts, ATM services and consumer lending in alternate formats.

This subsequently enforced the rights of blind and partially sighted customers to receive materials such as monthly account statements, product and service brochures, and loan and account applications, made available in all states serviced by the bank.  In addition, it was agreed that the financial institution would develop a training program whereby its employees serving the public in the areas of deposit accounts and consumer lending at branch locations would be familiarized with available accessible materials.

This institution has made banking services for visually impaired customers more accessible.   A few examples of expanded accessibility include: talking ATMs, braille and large print account statements as well as raised line checks.  The bank has also taken further steps to make their web site and online banking services accessible to visually impaired persons.

Case 3
As a result of a similar consumer-initiated settlement, yet another banking institution was directed under the ADA to make available alternate format documents including account statements, disclosures, and communication materials outlining available products and services.  The settlement reached specifically stated the formats and aides to be offered which included both Grades I and II braille, large print, audiocassettes, and computer diskettes, as well as agent and self-serve assisted point of contacts.  It was further mandated that requests for alternate formats be honored at branch locations, by telephone banking assistants, or via their websites.  It was also maintained that generic information surrounding products and services would be made available on an individually requested basis, while account statement specifications indicated by the customer would continue indefinitely and would remain unchanged unless otherwise requested.

This banking institution has also helped set industry leading standards for providing accessibility to visually impaired customers.  Retail deposit account statements are available in alternate formats, including braille, large print, and on audio and computer disc. Also, raised line checks are available for the same price as standard checks.  The banking institution also provides any mass-produced bank document, such as checking brochures, in an alternative format such as braille upon request.  The banks’ Web sites have also been updated according to Web Content Accessibility Guidelines of the Web Accessibility Initiative of the World Wide Web consortium.