Cardtronics, thenation's largest independent ATMdeployer and owner of the Allpoint network that provides fee-freeATM access to many credit union members, faced a federal judgeangered over what the judge said was Cardtronics' failure to liveup to a previous agreement which was made after litigation arosefrom the Americans with Disabilities Act.

In a March 21 order, U.S. District Judge Nathaniel Gortongranted three of four suggested remedies sought by the NationalFederation for the Blind and the Commonwealth of Massachusetts whoalleged contempt of court after the plaintiffs said thatHouston-based Cardtronics had failed numerous times to make itsmany ATMs nationwide accessible to the blind.

The original lawsuit alleging violations of the ADA at thefirm's ATMs was brought in 2003 and settled under an agreement in2007. The Court put into place a remediation plan in 2010that was meant to “set forth more tangible requirements anddeadlines” than the original agreement.

Under the terms of the order, Cardtronics will now face aspecial master appointed by the Court to monitor its compliance; anextension of monthly reporting requirements through March 31, 2014,and payment of attorney fees and plaintiff costs.

The court left open the question of a requested fine of $50 perATM per month for the special master to determine if the companyhas made a “good faith effort” to comply with the remediationplan.

The company has deployed an estimated 47,000 ATMs nationwide andthe plaintiffs allege that at least 9,000 remain without access forthe blind. If the court were to agree that 9,000 ATMs remain out ofcompliance, fines could run as high has $450,000 per month.

A apokesman for Cardtronics said the company is in compliancewith the ADA on all its ATMs and that the terms of the RemediationPlan are stricter than the terms of the ADA. Under the termsof the ADA, it is only owners of ATMs which are responsible forkeeping their machines in compliance whereas under the RemediationPlan Cardtronics, the spokesman maintained, is responsible for ADAcompliance on ATMs which is does not own but only serves asprocessor.