NAFCU stands by CU at ADA hearing in Virginia
NAFCU last week attended a hearing on a defendant credit union's motion to dismiss an Americans with Disabilities Act (ADA) case. NAFCU remains active on ADA, engaging with various stakeholders on this issue and working with credit unions that are facing litigation.
NAFCU Executive Vice President of Government Affairs and General Counsel Carrie Hunt and Vice President of Regulatory Compliance Brandy Bruyere attended the hearing, as well as representatives from the Maryland-D.C. Credit Union Association.
The judge, T.S. Ellis III in the Eastern District Court of Virginia, Alexandria Division, heard arguments on issues such as the fact that the plaintiff is not a member or eligible to join the sued credit union and whether the plaintiff has any standing in this case.
NAFCU will keep members apprised as this case continues.
Last month, a separate case against a credit union was dismissed after a federal district court in Virginia found that the plaintiff to such a lawsuit did not have standing to sue the credit union because he was not eligible for membership and would not likely use the credit union's services. In addition, the court indicated that a website is not a place of public accommodation, thus certain ADA protections were not triggered.
However, because the lower court's decision is not binding under common law principles, other judges considering similar credit union ADA cases could rule differently, although the case should be persuasive especially as it is the first to rule on whether credit union membership is necessary to establish standing in this kind of suit.
Credit unions in at least 21 states have been impacted by demand letters and litigation threats regarding website accessibility requirements under the ADA. Resources for dealing with the ADA issue, including an updated FAQ document, can be found here.
Add to Calendar 2019-08-27 14:00:00 2019-08-27 14:00:00 Overdrafts and Error Resolution Procedures This presentation will review the regulatory requirements and practical considerations related to overdrafts and error resolution. Recently, there has been a rise in litigation and claims related to disclosures made for overdrafts and associated practices. We will review the applicable requirements for overdrafts and error resolution protocol to ensure that responsible overdraft programs are in place to protect not only the credit union but its members. Key Takeaways: Understand the importance of Regulation E’s safe harbors Learn how to maintain clear terminology in account agreements to avoid claims based on ambiguity Identify suitable policies and procedures that should be implemented to ensure compliance Understand how examiner training and secondary disclosure review will help minimize process errors Review card chargebacks and electronic transfer issues Discuss currently litigated issues posing the most risk to credit unions Purchase Now$295 Members | $395 Nonmembers (Additional $50 for CD) One registration gives your entire credit union access to the on-demand recording until August 27, 2020. Already registered? Go to the Online Training Center to view. Who Should Attend? NAFCU Certified Compliance Officers (NCCOs) NAFCU Certified Risk Managers (NCRMs) Compliance staff Risk staff Credit Union Staff Attorneys Education Credits NCCOs will receive 1.5 CEUs for participating in this webinar. NCRMs will receive 1.5 CEUs for participating in this webinar. CPA credit information is below; recommended 1.5 CPE credits. CPA Certification Credit Information Reviewer: Josie Collins, Associate Director of Education, NAFCU Learning Objectives: Understand the importance of Regulation E’s safe harbors. Learn how to maintain clear terminology in account agreements to avoid claims based on ambiguity. Identify suitable policies and procedures that should be implemented to ensure compliance. Understand how examiner training and secondary disclosure review will help minimize process errors. Review card chargebacks and electronic transfer issues. Discuss currently litigated issues posing the most risk to credit unions. Program Level: Basic Prerequisites Needed: None Advance Preparation Needed: None Delivery Method: Group Internet-Based Recommended CPE Credits: 1.5 credits Recommended Field of Study: Regulatory Ethics - Technical National Association of Federally-Insured Credit Unions (NAFCU) is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. Learn more. About Our Webinars Our webinars are streamed live from NAFCU headquarters near Washington, D.C. Your audio/video feed of the presenters includes presentation slides and downloadable handouts. You can easily submit your questions to the presenters at any time during the live broadcast, with no dialing over the phone! The audio and video stream directly through your computer. Web NAFCU email@example.com America/New_York public
Credits: NCCO, NCRM, CPE
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