January 22, 2018

NAFCU files support for another CU targeted in meritless ADA lawsuit

NAFCU on Friday submitted another amicus brief to support a credit union's motion to dismiss a complaint filed against them in federal district court under the Americans with Disabilities Act (ADA). The plaintiff is not a member of the credit union and does not clearly fall within the credit union's field of membership.

Last month, the association submitted briefs as amicus curiae to support three credit unions' motions to dismiss complaints filed against them in federal district court.

Credit unions, banks and other entities have faced a rash of lawsuits in the past year related to website accessibility. 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.

NAFCU has been active on ADA, engaging with various stakeholders on this issue, including with Congress, states' attorneys general and the Justice Department to clarify regulatory standards for websites.

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.

NAFCU also has several different resources available to credit unions on this issue, including a webcast, best practices from in-house compliance and legal experts, and monthly publications to help member credit unions identify the risks involved so they can make informed business decisions. These resources – including a new FAQ document on the issue – can be found on this landing page.