June 12, 2018

Court dismisses another ADA lawsuit as NAFCU files 12th amicus

gavelIn yet another court win for a credit union facing litigation over unclear website requirements under the Americans with Disabilities Act (ADA), a federal district court in Virginia found that the plaintiff to such a lawsuit did not have standing to sue Roanoke Valley Community Credit Union. This news came Monday as NAFCU filed its 12th amicus brief in support of North Jersey Federal Credit Union's (Totowa, N.J.) motion to dismiss a similar lawsuit.

NAFCU had also filed an amicus brief in support of Roanoke Valley Community Credit Union, which was noted in the court's decision.

"This is the sixth complaint we have seen dismissed against a NAFCU-supported credit union and we are pleased to see the courts recognizing that these plaintiffs have no standing," said NAFCU President and CEO Dan Berger. "We will continue to defend credit unions against these meritless lawsuits."

NAFCU has been active on this issue since last fall and began filing amicus briefs to support credit unions targeted by ADA website accessibility litigation in December.

The association also continues to engage with various stakeholders on the issue, including Congress, states' attorneys general and the Justice Department (DOJ) to clarify regulatory standards for websites.

Language was recently added to a House Appropriation's measure that would require the DOJ to clarify website accessibility standards under the ADA; this bill is slated for mark-up Wednesday. Also, Reps. Ted Budd, R-N.C., and Lou Correa, D-Calif., are currently circulating a letter among House members to urge the DOJ to resolve the issue as soon as possible. The letter is expected to be sent to Attorney General Jeff Sessions this week.

To date, credit unions in at least 25 states have been targeted with demand letters on this issue. 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.

Credit unions receiving demand letters and deciding to fight them through litigation are encouraged to let NAFCU know by emailing NAFCU Vice President of Regulatory Compliance Brandy Bruyere (

NAFCU has available an updated version of its widely downloaded ADA FAQ document; additional resources for dealing with the ADA issue can be found here.