Newsroom

November 01, 2017

NAFCU brings CUs ADA resources; webcast early bird ends today

NAFCU is continuing to meet with lawmakers and provide resources to help credit unions targeted in lawsuits challenging their websites' compliance under the Americans with Disability Act (ADA). Today, early-bird savings of $100 end for the Nov. 9 NAFCU webcast, "Mitigating Risk: Recent Developments in ADA Accessibility Compliance for Credit Unions."

Credit unions tuning into this webcast will learn more about the ADA, website compliance and how to mitigate the current litigation and compliance risks. Buckley Sandler LLP's Margo Tank and Lori Sommerfield will lead the 2 p.m. Eastern webcast.

Specifically, this webcast will cover:

  • background on the Department of Justice's (DOJ) work on the ADA;
  • predictions for a future rulemaking;
  • trends in prior DOJ enforcement actions;
  • an overview of recent cases that have addressed the issue of digital platform accessibility;
  • standards under Title III of the ADA;
  • strategies for mitigating legal risk when faced with a demand letter or lawsuit; and
  • short- and long-term options for compliance risk mitigation.

In the past month, NAFCU Executive Vice President of Government Affairs and General Counsel Carrie Hunt and Vice President of Regulatory Compliance Brandy Bruyere have reached out to credit unions facing litigation to offer some options other credit unions have taken when faced with similar lawsuits. NAFCU is also monitoring DOJ's approach to the ADA. The association commented on the department's rulemaking efforts related to "public accommodations" last year – but the issue is not currently on the DOJ's formal regulatory agenda.

On the legislative front, a NAFCU-supported bill – the ADA Education and Reform Act of 2017 (H.R. 620) – cleared the House Judiciary Committee in September. The bill would set conditions for filing civil actions over the failure to remove an architectural barrier to an existing public place, among other things. NAFCU is actively working to expand the bill's protections to also cover website lawsuits. The association also sent a letter to the committee last month urging members to support additional legislation to clarify website access requirements under the ADA in order to curb frivolous lawsuits.

Bruyere also covered the issue in the association's compliance publication in March to try to help member credit unions identify the risks involved so they could make informed business decisions. The article is now available on NAFCU's website to both members and nonmembers.