Newsroom

January 12, 2018

ADA webcast, other resources available on NAFCU's website

NAFCU has myriad resources available online that can help credit unions better understand and manage recent issues related to the Americans with Disabilities Act (ADA) and its provisions on website accessibility. One resource, available on demand, is a webcast offering credit unions legal insight into ADA compliance.

"Must a Credit Union Website be ADA Compliant?" which aired Dec. 5, provides credit unions with legal background on the ADA to help them understand new and enhanced litigation risks arising from ambiguities in the law. It is available through NAFCU's Online Training Center.

During the webcast, attorneys Andy Keeney and John Bredehoft from Kaufman & Canoles, P.C., detail the parts of the ADA that could apply to website compliance and resources available to help credit unions mitigate risk.

Keeney and Bredehoft offer hypothetical situations in which a credit union receives a demand letter from an attorney claiming their website violates the law. They also provide guidance on how credit unions might respond to such letters.

NAFCU has been active on ADA for months, engaging with various stakeholders on the issue. Last week, NAFCU President and CEO Dan Berger provided an update to members on NAFCU's efforts thus far to put an end to meritless lawsuits filed under website accessibility requirements of the ADA, obtain clear guidance on the issue and help those credit unions currently facing litigation.

Currently, NAFCU is supporting three Virginia credit unions' motions to dismiss complaints filed against them in federal district court; it has filed amicus briefs in all three cases. So far, the judges in two of the three cases have accepted NAFCU's briefs and NAFCU stood with one credit union as a court held hearings on the credit union's motion.

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. Last month, NAFCU wrote to the National Association of Attorneys General to look into the issue. Also last month, the Justice Department rescinded past rulemaking documents on this issue and said it intends to further evaluate whether a rule is necessary; Berger said this could be a potential starting point for action.

On the legislative front, 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 also 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 frivolous ADA lawsuits. A separate letter urges the House Judiciary Committee to address this important issue.

NAFCU's resources on ADA litigation, including the on-demand webcast, can be accessed through this landing page.