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In a new Compliance Blog, NAFCU Vice President of Regulatory Compliance Brandy Bruyere provides credit unions with an update on litigation filed against credit unions related to Americans with Disabilities Act (ADA) website accessibility.

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. "To date, NAFCU has filed 16 amicus briefs for 13 credit unions in six different states," Bruyere writes. She highlights that in Virginia, all five of the cases in which NAFCU filed an amicus were dismissed.

Bruyere goes on to detail some of the cases and court decisions, most of which have been favorable for credit unions. However, Bruyere notes a recent decision in Michigan that ruled against four credit unions in a consolidated suit.

"NAFCU recognizes the importance of the ADA and fully supports efforts to ensure individuals with disabilities have equal access to financial services," Bruyere writes. "However, costly lawsuits are not the answer. In the meantime, NAFCU’s advocacy on this issue continues as we continue to talk to regulators and legislators about the need for clear rules of the road."

Bruyere's blog is available here.

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.

Credit unions receiving demand letters and deciding to fight them through litigation are encouraged to let NAFCU know by emailing Bruyere (bbruyere@nafcu.org).

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