January 17, 2018

NAFCU demands law firm stop meritless ADA lawsuits

NAFCU is demanding that the law firm responsible for sending demand letters to credit unions over unclear website accessibility requirements under the Americans with Disabilities Act (ADA) retract threats of legal action and cease and desist from making further demands.

NAFCU President and CEO Dan Berger made the demand in a letter sent to the law firm yesterday.

The Department of Justice has never promulgated regulations regarding website accessibility for public accommodations and recently withdrew previously issued advanced notices of proposed rulemakings on this subject.

"These demand letters being sent to NAFCU members and other credit unions throughout the U.S. are misleading and need to stop," said Berger. "We will continue to do all we can to end these meritless lawsuits.

"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," Berger added. "However, credit unions should not be the victims of ambiguities in federal law and attorneys that exploit them."

NAFCU continues to be engaged with Congress, states' attorneys general and the Justice Department to address these troubling lawsuits and to clarify regulatory standards for websites.

Last month, the association also submitted briefs as amicus curiae to support three credit unions' motions to dismiss complaints filed against them in federal district court. NAFCU will keep its members updated of any further developments.