June 20, 2018

NAFCU files 13th amicus in support of CU as ADA suit reaches appeals court

gavelNAFCU today filed its 13th amicus brief in support of credit unions targeted by Americans with Disabilities Act (ADA) website accessibility litigation. This amicus, in support the Department of Labor Federal Credit Union, is NAFCU's first in a federal court of appeals; DOLFCU's case was initially dismissed in February.

The association stood by DOLFCU during its first hearing earlier this year.

"We have seen six complaints dismissed against NAFCU-supported credit unions at the federal district court level, but this will be the first at the federal appellate level," said NAFCU Executive Vice President of Government Affairs and General Counsel Carrie Hunt. "A decision at this level could set a heavier precedent than those we've already seen for similar lawsuits. NAFCU will continue to staunchly defend credit unions throughout the judicial process to ensure these meritless lawsuits come to an end soon."

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.

The association also continues to engage with various stakeholders on the issue, including Congress, states' 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.

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.