Newsroom

January 25, 2018

NAFCU amicus in CU's ADA lawsuit accepted

The U.S. District Court for the Western District of Virginia has accepted an amicus brief submitted by NAFCU in support of a credit union's motion to dismiss a complaint filed against it in federal district court under the Americans with Disabilities Act (ADA).

NAFCU has submitted four briefs as amicus curiae; two other briefs have been accepted by the U.S. District Court for the Eastern District of Virginia. The plaintiffs in these cases are not members of the credit unions and do not clearly fall within the credit unions' fields of membership.

Credit unions, banks and other entities have faced a rash of lawsuits in the past year related to website accessibility. NAFCU and its members strongly support the protections of the ADA and efforts to ensure individuals with disabilities are not discriminated against and have equal access to financial services. However, this is best achieved through clear guidance and standards for website compliance, not through meritless and costly lawsuits.

NAFCU has been active on ADA, engaging with various stakeholders on this issue, including with Congress, states' attorneys general and the Justice Department to clarify regulatory standards for websites.

The Department of Justice has never promulgated regulations regarding website accessibility for public accommodations and recently withdrew previously issued advanced notices of proposed rulemakings on this subject.

NAFCU also has several different resources available to credit unions on this issue, including a webcast, best practices from in-house compliance and legal experts, and monthly publications to help member credit unions identify the risks involved so they can make informed business decisions. These resources – including a new FAQ document on the issue – can be found on this resource page.