NAFCU files amicus brief as dismissed ADA suit is appealed

The National Association of Federally-Insured Credit Unions today filed an amicus brief in support of Northwest Federal Credit Union as it faces a suit regarding whether or not its website violates the Americans with Disabilities Act.

This is NAFCU’s third amicus brief in support of Northwest and its second in a federal court of appeals. The original complaint against the credit union was dismissed in January and an amended complaint was dismissed in April.

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"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," NAFCU EVP and general counsel Carrie Hunt said in a statement. "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."

This is the 14^th ADA-related amicus brief NAFCU has filed, and the trade group noted that in six instances in which the association has filed amicus briefs, those cases have been dismissed.

ADA suits remain a major challenge for credit unions, with CUs in more than half of all states having been targeted with demand letters. Representatives from both national trade groups have met with lawmakers and regulators in order to try to get clarity on the issue, and a bipartisan panel of more than 100 lawmakers last month said regulators must find a solution to the problem.

Last month, a suit against a Virginia credit union was dismissed, but both NAFCU and the Credit Union National Association continue to issue amicus briefs as more and more CUs are targeted.

More of Credit Union Journal’s ADA coverage can be found here.