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A new Compliance Blog post out today recaps NAFCU's efforts this week as the association continues to support credit unions facing litigation risk, specifically related to unclear guidance under the Americans with Disabilities Act (ADA) website accessibility requirements and remote deposit capture (RDC) alleged patent infringement.

In the blog, NAFCU Vice President of Regulatory Compliance Brandy Bruyere notes that NAFCU's compliance team has seen an increase in questions related to USAA's RDC patent infringement claims. NAFCU first alerted credit unions to the rise in letters alleging infringement in January.

As credit unions often offer RDC capabilities through a vendor, Bruyere encourages credit unions to review contracts, specifically indemnity clauses, as well as warranties or guarantees from vendors stating that their products don't infringe on patents.

Earlier this week, Bruyere and NAFCU Executive Vice President of Government Affairs and General Counsel Carrie Hunt attended oral arguments held by the U.S. Court of Appeals for the Fourth Circuit in a lawsuit against the Department of Labor Federal Credit Union (DOLFCU) regarding unclear website accessibility standards under the ADA.

Bruyere notes that "this is the first federal appellate court to hear a case on the issue of standing to bring a lawsuit against a credit union claiming its website is not ADA compliant," and provides insight on one of the judge's remarks who seemed skeptical of the plaintiff's standing in the case.

The full blog is available here.