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NAFCU continues to offer support to those many credit unions facing litigation threats over unclear website accessibility requirements under the Americans with Disabilities Act (ADA). In the past couple weeks, the association has attended a credit union's court hearing, updated an FAQ document and pushed lawmakers for clarification on the law.

To date, credit unions in 21 states have been impacted by these meritless lawsuits.

Last week:

• NAFCU attended a hearing on a defendant credit union's motion to dismiss an ADA case. NAFCU Executive Vice President of Government Affairs and General Counsel Carrie Hunt and Vice President of Regulatory Compliance Brandy Bruyere attended the hearing.
• NAFCU updated its FAQ document for those credit unions with concerns about website accessibility requirements under the ADA. The latest document, which now includes the association's cease-and-desist letter to the law firm responsible for sending demand letters to credit unions, is available for download here.
• The House passed NAFCU-supported legislation to address public accessibility concerns under the ADA. Ahead of passage, lawmakers on the House floor clarified their intentions to address websites in the bill following months of NAFCU-led efforts.

NAFCU has myriad resources available to members on its website, including an ADA resource page with best practices from in-house compliance and legal experts, and a webcast offering legal insight into ADA compliance. A NAFCU Services webinar available at no cost to credit unions also offers insight into what the ADA currently says about website accessibility requirements and what possible changes could be coming.

The association has been asking for clear guidance on the issue from federal agencies and standing by those credit unions currently facing litigation. For example:

• NAFCU President and CEO Dan Berger updated House Judiciary Committee Chairman Bob Goodlatte, R-Va., earlier this month on the flood of meritless lawsuits facing credit unions filed under website accessibility requirements of the ADA.
• NAFCU wrote to the Federal Trade Commission (FTC) urging it to look into the rise in ADA lawsuits and to press the Justice Department to issue clear ADA website standards.
• NAFCU filed an amicus brief in a case that was dismissed against a credit union. This case is also detailed in a NAFCU Compliance Blog post.
• NAFCU demanded that the law firm responsible for sending demand letters to credit unions over unclear website accessibility requirements under the ADA retract threats of legal action and cease and desist from making further demands. Read NAFCU's letter here.
• NAFCU has supported four Virginia credit unions' motions to dismiss complaints filed against them in federal district court by submitting briefs as amicus curiae; all four briefs have been accepted.
• NAFCU stood with another credit union as a court held hearings on the credit union's motion to dismiss the complaint filed against it.
• In November, NAFCU sent a letter to the U.S. Attorney General asking that the Justice Department consider issuing guidance or an interim final rule that would provide clarity in the area of website accessibility under the ADA.
• In December, NAFCU wrote to the National Association of Attorneys General to look into the issue.
• NAFCU supports the ADA Education and Reform Act of 2017 (H.R. 620) and is actively working to expand the bill's protections to cover website-related lawsuits.
• NAFCU sent a letter to the Senate Judiciary Committee on the impact of lawsuit abuse on small businesses, requesting that committee leaders take steps to curb the rise in meritless ADA lawsuits.
• NAFCU sent a letter urging the House Judiciary Committee to address the lawsuits impacting credit unions.