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The U.S. District Court for the Eastern District of Virginia has accepted another 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; all four have been accepted. The plaintiffs in these cases are not members of the credit unions and do not clearly fall within the credit unions' fields of membership.

In a win for the industry last week, a federal district court in Virginia found that the plaintiff to such a lawsuit did not have standing to sue the credit union because he was not eligible for membership and would not likely use the credit union's services.

In addition, the court indicated that a website is not a place of public accommodation, thus certain ADA protections were not triggered. This was one of the cases in which NAFCU filed an amicus brief supporting the credit union.

The plaintiff in this case recently filed an amended complaint; however, NAFCU believes that he still lacks standing.

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.

Resources for dealing with the ADA issue can be found here.

Today's post to the NAFCU Compliance Blog further details this issue. The article can be read here.