The United States has a long and sordid history of excluding people with disabilities from the mainstream of American life. The Americans with Disabilities Act began the process of remedying this exclusion from the physical world. But it is not clear that the ADA’s protections extend to the online spaces that most of us rely upon to access important digital goods and services. Stepping outside of the traditional ADA paradigm, this Article considers the rights people with disabilities have as consumers and how consumer financial protection laws can contribute to the larger civil rights fight to ensure that people with disabilities can access goods and services offered online. Using online banking as an example, the Article presents data demonstrating that current legal and regulatory approaches are unsuccessful in curtailing inaccessible financial goods and services—especially for people with visual and dexterity disabilities. It then recommends amendments to the Equal Credit Opportunity Act and novel uses of other consumer protection laws to achieve full participation for all Americans in the ever-growing virtual economy.
* J.D., University of Houston Law Center. Many thanks to Professors John Inazu, David Skeel, Seth Chandler, Leah Fowler, Jessica Roberts, Jim Hawkins, Bradley Areheart, Amanda Watson; the board members of the American College of Consumer Financial Services Lawyers; and the University of Illinois Law Review editorial board for the many comments, revisions, and conversations that led to this Article. Sarah Smati, Andrew Jacobs, and Aaron Cromer provided exceptional research assistance.
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