WASHINGTON, DC (May 10, 2018) — The National Association of Federally-Insured Credit Unions (NAFCU) late yesterday filed its ninth amicus brief in support of credit unions facing litigation over unclear website accessibility requirements under the Americans with Disabilities Act (ADA). NAFCU’s latest filing is the second in a case against APCI Federal Credit Union (Allentown, Pa.).
Shortly after the association filed its first amicus to support APCI’s motion to dismiss in April, the plaintiff in the lawsuit filed an amended complaint, rendering the first motion to dismiss moot. APCI has now filed a second motion to dismiss, which NAFCU continues to support.
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. So far, five of the lawsuits in which NAFCU has filed an amicus brief have been dismissed; the courts have determined that the plaintiffs to such lawsuits do not have standing to sue the credit unions because they were not eligible for membership and would likely not use the credit unions’ services. In addition, one court ruled that a website is not a place of public accommodation, thus certain ADA protections were not triggered.
To date, credit unions in at least 25 states have been targeted with demand letters on this issue. 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.
Continued engagement
NAFCU has also attended multiple hearings to support credit unions defending lawsuits and continues to engage with various stakeholders on the issue, including Congress, states’ attorneys general and the Justice Department to clarify regulatory standards for websites.
New credit union resources
NAFCU has available an updated version of its widely downloaded ADA FAQ document; additional 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.
