December 21, 2017

NAFCU files support for CU targeted in frivolous ADA lawsuit

NAFCU has moved to submit and submitted an 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.

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. In addition to legislative work, in early December, NAFCU Executive Vice President of Government Affairs and General Counsel Carrie Hunt wrote the National Association of Attorneys General to bring attention to the lack of guidance for financial institutions in meeting accessibility standards under the ADA.

In addition, NAFCU has been offering several different resources to our members on this issue, including webcasts, and best practices from in-house compliance and legal experts, as well as monthly publications to help member credit unions identify the risks involved so they can make informed business decisions.

Hunt and NAFCU Vice President of Regulatory Compliance Brandy Bruyere have reached out to credit unions facing litigation to offer guidance and solutions. Bruyere also covered the issue in the association's compliance publication earlier this year; the article is available on NAFCU's website.