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NAFCU on Friday filed its seventh 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 the second in a case against Northwest Federal Credit Union (Herndon, Va.).

The case has been dismissed once as the court ruled that the plaintiff in the case is not a member of the credit union and does not clearly fall within the credit union's field of membership. The plaintiff has filed an amended complaint, but still does not clearly fall in Northwest's field of membership. Northwest has filed a second motion to dismiss; NAFCU has filed a second amicus to support this new motion.

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; three of the lawsuits in which NAFCU has filed an amicus brief have been dismissed.

To date, credit unions in at least 25 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.

The association has also attended multiple hearings to support credit unions defending lawsuits and continues to engage with various stakeholders on the issue, including Congress, states' attorneys general and the Justice Department to clarify regulatory standards for websites.

NAFCU recently released an updated version of its widely downloaded ADA FAQ document; additional resources for dealing with the ADA issue can be found here.