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NAFCU files second appellate defending Northwest Federal Credit Union, 14th ADA-related Amicus brief

WASHINGTON, DC (July 5, 2018) — The National Association of Federally-Insured Credit Unions (NAFCU) today filed its 14th amicus brief in support of credit unions facing litigation over unclear website accessibility requirements under the Americans with Disabilities Act (ADA). This amicus, in support of Northwest Federal Credit Union, is the association’s second in a federal court of appeals and its third in support of Northwest.

“NAFCU is encouraged by previous court decisions that determined the plaintiff in this case against Northwest has no standing to sue the credit union, and we are optimistic that the same will be found at the appellate level,” said NAFCU Executive Vice President of Government Affairs and General Counsel Carrie Hunt. “These meritless lawsuits are weighing on the industry and we will continue to defend credit unions until clear guidance is obtained, either through court precedent or regulatory clarification.”

The original complaint against Northwest was dismissed in January and an amended complaint in the lawsuit was dismissed in April.

Background

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, six of the lawsuits in which NAFCU has filed an amicus brief have been dismissed.

To date, credit unions in at least 26 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.

Fact Sheet

NAFCU FAQ on ADA Website Litigation  

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.


About NAFCU

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.

Contacts

Molly Safreed, msafreed@nafcu.org (NAFCU)

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