On September 15, 2010, the United States Department of Justice published revised rules implementing the portions of the Americans with Disabilities Act (“ADA”) which address the accessibility of automated teller machines (“ATMs”).

Specifically, these final rules require a voice guidance system and input controls for use by visually-impaired customers, as well as new accessibility standards to assist consumers with mobility challenges.

While the regulations officially become effective on March 15, 2011, a safe harbor clause delays compliance for new construction and existing ATM alterations until March 15, 2012, if implementing the 2011 upgrades would result in an undue financial burden and if the ATMs are compliant with 1991 ADA accessibility standards. This safe harbor provision does not apply if the existing ATM is otherwise altered after March 15, 2012. It also only applies to the accessibility standard provisions of the new regulations.