July 11, 2018

NAFCU defends Florida CU in 15th ADA amicus

gavelNAFCU on Tuesday filed its 15th amicus brief in support of credit unions facing litigation over unclear website accessibility requirements under the Americans with Disabilities Act (ADA). NAFCU's latest filing is in support of state-chartered Magnify Credit Union's (Mulberry, Fla.) motion to dismiss.

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. So far, six of the complaints in which NAFCU has supported the credit union have been dismissed. Two of the association's 15 amicus briefs have been filed at the federal appellate level.

The association also continues to engage with various stakeholders on the issue, Congressstates' attorneys general and the Justice Department (DOJ) to clarify regulatory standards for websites. NAFCU is monitoring congressional efforts to obtain guidance from the DOJ.

To date, credit unions in at least 26 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.