April 05, 2018

CU victory: Court dismisses another ADA lawsuit

gavelIn another win for credit unions facing litigation over unclear website requirements under the Americans with Disabilities Act (ADA), a federal district court in Virginia again found that the plaintiff to such a lawsuit did not have standing to sue Washington Gas Light Federal Credit Union because he was not eligible for membership and would likely not use the credit union's services.

NAFCU filed an amicus brief in support of this credit union, which was noted in the court's decision. The decision also references previous credit union lawsuits related to this issue that have been dismissed.

"As another lawsuit against a credit union is dismissed on this matter, NAFCU is pleased to see the courts recognize that these plaintiffs have no standing and are following precedent of other recent decisions," said NAFCU President and CEO Dan Berger. "NAFCU will continue to defend our members in this fight; we hope these meritless lawsuits will end soon."

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.