Newsroom

NAFCU and member credit unions will meet at the Department of Justice (DOJ) today for a listening session focused on website accessibility issues under the Americans with Disabilities Act (ADA). NAFCU has been active on this issue for more than a year, seeking guidance from the DOJ as credit unions have faced meritless lawsuits due to unclear requirements.

NAFCU Executive Vice President of Government Affairs and General Counsel Carrie Hunt, Director of Regulatory Affairs Ann Kossachev and Regulatory Affairs Counsel Kaley Schafer will attend the session.

During the session, credit unions are invited to share with the DOJ how they have been impacted by ambiguities in the law and what guidance would be helpful. New Attorney General William Barr has indicated his awareness of website accessibility concerns related to the ADA.

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 has filed 16 amicus briefs in seven different states to support credit unions targeted by ADA website accessibility litigation. So far, nine of the complaints in which NAFCU has supported the credit union have been dismissed. An appeals court has also upheld the dismissal of a lawsuit against a NAFCU-supported credit union because the plaintiff lacked standing.

In another recent case, the U.S. Court of Appeals for the Ninth Circuit determined that ADA requirements are applicable to websites and mobile applications. This decision did not address the issue of standing.

NAFCU has engaged with the DOJ and Congress to provide guidance and will continue to advocate for a solution.