October 30, 2018

NAFCU attends today's oral arguments in CU's ADA case

gavelNAFCU will attend oral arguments held today by the U.S. Court of Appeals for the Fourth Circuit over a meritless lawsuit filed against the Department of Labor Federal Credit Union (DOLFCU) regarding unclear website accessibility standards under the Americans with Disabilities Act (ADA). Not only did NAFCU file an amicus brief in support of the credit union in this case, but it also stood by DOLFCU during its first hearing earlier this year.

NAFCU Executive Vice President of Government Affairs and General Counsel Carrie Hunt and Vice President of Regulatory Compliance Brandy Bruyere will attend today's arguments.

This was NAFCU's first filing at the appeals court level; its second was in support of Northwest Federal Credit Union. Oral arguments have not been scheduled yet for this case.

NAFCU has been active on this issue over the past year and has also engaged with the Justice Department and Congress to provide guidance. In September, a group of senators – led by Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa – sent a NAFCU-sought letter to the Justice Department urging that it provide clarity on this issue.
The association has filed 16 amicus briefs in seven different states to support credit unions targeted by ADA website accessibility litigation. So far, seven of the complaints in which NAFCU has supported the credit union have been dismissed.
While NAFCU and its members strongly support the protections of the ADA, it believes that these efforts are best achieved through clear guidance and standards for website compliance, not through meritless and costly lawsuits.
NAFCU resources for dealing with the ADA issue can be found here.