Compliance Blog

Earlier, we wrote about how the Justice Department had issued new ADA regulations that very well may require changes to be made to credit union ATMs.   The rules were set to take effect six months after publication in the Federal Register.  As they were published yesterday, the effective date for the changes regarding existing ATMs looks to be March 15, 2011.   

The changes are hard to navigate.  And here's why.  In short, these final rules adopt and make mandatory accessibility guidelines that were issued, and then amended, back in 2004 and 2005, respectively.  So, you really won't see the nuts and bolts of the changes that affect ATMs in the regulations.  Rather, you'll see that information in the guidelines. With that in mind, here's how you may want to consider tackling this compliance issue:

• Read our original blog post on the issue here.  
• You can access the Federal Register notices here.  But again, there's not a ton of meat in there regarding the required ATM changes.
• Rather, you'll likely want to focus on the guidelines themselves. The new ATM standards are set forth in Section 707 of the guidelines.
• Contact the company that services your ATMs. Ask them what must be done to your ATMs to bring them up to speed.  They may already be in compliance.
• If you can show that upgrading an ATM would constitute an "undue burden," you'll need to meet the requirements.  That term is defined, and it is fairly complicated.  In addition, it may be an uphill battle to show why you aren't able to upgrade your ATMs while every other bank or credit union in the country is required to do so.

NAFCU is preparing a Final Regulation for NAFCU members to detail the changes.

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Today, NCUA will host its monthly board meeting.  The draft items should be available here by 9 a.m. today.