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A federal judge has dismissed an Americans with Disabilities Act (ADA) lawsuit against an Illinois credit union related to website accessibility concerns. In the decision, the court cited five Virginia cases, among others, in which NAFCU was involved as the court determined that the plaintiff did not have standing to sue the credit union.

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 has filed 16 amicus briefs in seven different states, including two at the federal appellate level. So far, six of the complaints in which NAFCU has supported the credit union have been dismissed.

An updated FAQ document explains the reasons for these dismissals, primarily because some courts have ruled that a plaintiff to such a lawsuit does not have standing to sue because he or she was not a member – or eligible for membership – of the credit union and would likely not use the credit union's services. A recent Compliance Blog post written by NAFCU Vice President of Regulatory Compliance Brandy Bruyere also provides credit unions with an update on ADA-related litigation filed against credit unions.

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 engaged with states' attorneys general – who recently sent a letter to the Justice Department calling for clear ADA website standards – the Justice Department and Congress on this issue.

Additional resources for dealing with the ADA issue can be found here.