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September 10, 2018

Oral arguments Oct. 30 in NAFCU-supported CU's ADA case

gavelThe U.S. Court of Appeals for the Fourth Circuit announced oral arguments will be held Oct. 30 over a meritless lawsuit filed against the Department of Labor Federal Credit Union (DOLFCU) regarding unclear website accessibility standards under the Americans with Disabilities Act (ADA). Not only did NAFCU file an amicus brief in support of the credit union in this case, but it also stood by DOLFCU during its first hearing earlier this year.

This was NAFCU's first filing at the appeals court level; its second was in support of Northwest Federal Credit Union. Oral arguments have not been scheduled yet for this case.

NAFCU has been active on this issue since last fall and has also engaged with the Justice Department and Congress to provide guidance. Last week, a group of senators – led by Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa – sent a NAFCU-sought letter to the Justice Department urging that it provide clarity on this issue.
 
The association has filed 16 amicus briefs in seven different states to support credit unions targeted by ADA website accessibility litigation. So far, seven of the complaints in which NAFCU has supported the credit union have been dismissed.
 
While NAFCU and its members strongly support the protections of the ADA, it believes that these efforts are best achieved through clear guidance and standards for website compliance, not through meritless and costly lawsuits.
 
NAFCU resources for dealing with the ADA issue can be found here.