The Americans with Disabilities Act (ADA) applies to certain entities providing goods and services to the public. In the context of interactions with the public, mortgage lenders have obligations to ensure that information communicated to consumers is accessible to individuals with disabilities. Businesses covered by the ADA must provide reasonable accommodations to consumers with communication disabilities when necessary. This may include providing a sign language interpreter during certain face-to-face meetings or providing loan documents in Braille or an electronic format that is accessible to a blind consumer who uses a screen reader.

The U.S. Department of Justice (DOJ) is increasingly enforcing its regulations regarding communications with consumers who have vision, speech, and hearing disabilities. The DOJ recently entered into settlement agreements with two banks regarding the use of relay calls by individuals with hearing disabilities. The DOJ required these entities to have in place an effective communication policy under the ADA that is available and accessible to individuals with disabilities, including through business websites, and to provide training to relevant employees on the policy. Businesses also have been required to ensure equal access to telephone services offered to the public by accepting telephone relay calls from individuals who may have hearing disabilities and to ensure that individuals who use a text telephone can be accommodated in a manner equivalent to individuals who use other telephone services. The DOJ also requires businesses to make written communications available in an alternate format where necessary to accommodate individuals with disabilities.