March 29, 2018

NAFCU continues assistance on ADA litigation

gavelAs credit unions continue to be targeted by plaintiffs' attorneys over unclear website accessibility requirements under the Americans with Disabilities Act (ADA), NAFCU is maintaining its support of member credit unions facing litigation. The association is also engaged with lawmakers and regulators to obtain clear guidance on the issue.

Credit unions receiving demand letters are encouraged to let NAFCU know by emailing NAFCU Vice President of Regulatory Compliance Brandy Bruyere ( and NAFCU Special Counsel for Compliance and Research Pamela Yu (

NAFCU members can also participate in the association's Economic & CU Monitor survey, which is focused on how credit unions are handling the ADA issue, including responding to demand letters and adopting website accessibility standards. Responses to the Monitor survey are due Tuesday; the survey can be filled out online.

To date, credit unions in at least 25 states have been targeted with demand letters on this issue. NAFCU has filed five amicus briefs to support member credit unions' motions to dismiss ADA website complaints against them; three of those lawsuits have been dismissed. The association has also attended multiple hearings to support credit unions defending lawsuits.

NAFCU also remains active on the ADA by continuing to engage with various stakeholders on the issue, including Congress, states' attorneys general and the Justice Department to clarify regulatory standards for websites.

Earlier this month, the association released an updated version of its widely downloaded ADA FAQ document; additional resources for dealing with the ADA issue can be found here.