Industry win: Lawsuit dismissed against CU over ADA
WASHINGTON, DC (January 27, 2018) — In a victory for credit unions facing litigation over unclear website requirements under the Americans with Disabilities Act (ADA), a federal district court in Virginia today 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. In this case, NAFCU filed an amicus brief supporting the credit union.
“NAFCU is thrilled that the court agreed that there was no reason to sue our member here,” said NAFCU President and CEO Dan Berger. “We will continue to stand with our members in this fight.”
Credit unions, banks and other entities have faced a rash of lawsuits in the past year related to website accessibility. 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 been active on ADA, engaging with various stakeholders on this issue, including with Congress, states’ attorneys general and the Justice Department to clarify regulatory standards for websites.
Resources for dealing with the ADA issue can be found here.
The National Association of Federally-Insured Credit Unions is the only national trade association focusing exclusively on federal issues affecting the nation’s federally-insured credit unions. NAFCU membership is direct and provides credit unions with the best in federal advocacy, education and compliance assistance. For more information on NAFCU, go to www.nafcu.org or @NAFCU on Twitter.