NAFCU updates ADA FAQ to aid CUs impacted by litigation

NAFCU updated its FAQ document for those credit unions with concerns about website accessibility requirements under the Americans with Disabilities Act (ADA). The latest document, which now includes the association’s cease-and-desist letter to the law firm responsible for sending demand letters to credit unions, is available for download here.

The document also now includes NAFCU’s letter to the Federal Trade Commission (FTC), which requests that the FTC look into the issue and urge the Justice Department to issue clear ADA website standards. It also notes the four amicus briefs filed by the association and that all four have been accepted by the courts. In fact, one of the cases – also noted in the FAQ document – was dismissed by the court as it found the plaintiff 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. The court also indicated that a website is not a place of public accommodation, thus certain ADA protections were not triggered.

Credit unions in at least 21 states have been impacted by demand letters and litigation threats regarding website accessibility requirements under the ADA. NAFCU’s FAQ document includes questions and answers on strategic options under consideration, which credit unions are being targeted by plaintiffs’ attorneys and how credit unions are responding to demand letters regarding their website compliance with the ADA.


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