WASHINGTON—The National Association of Attorneys General has been asked by NAFCU to help address the growing challenge of lawsuits being filed against CUs related to the ADA and websites.
The move comes at the same time one league told CUToday.info it just hosted a webinar on the issue in order to deal with the threatening litigation.
NAFCU Executive Vice President of Government Affairs and General Counsel Carrie Hunt wrote the NAAG, bringing their attention to the lack of guidance for website accessibility under the American with Disabilities Act (ADA), NAFCU reported.
Credit unions, banks and other entities have faced a rash of lawsuits in the past year.
Hunt requested that the NAAG look into the issue and join NAFCU in urging the Department of Justice to issue clear guidance on ADA website accessibility requirements in order to prevent unnecessary litigation.
As frivolous lawsuits filed under the ADA continue to mount, John Bratsakis, president of the MD/DC CU Association, agreed that guidance is needed from NAAG to help CUs defend against these suits. Numerous credit unions have been named as defendants in lawsuits that allege their websites are out of compliance with ADA.
Bratsakis reminded that these lawsuits are making their way around the country, and when they hit a state—as they have already in Maryland and D.C.—the letters from attorneys generally quickly reach each credit union.
“It’s pretty much one credit union after another when these suits go through,” said Bratsakis, whose league recently held a webinar to educate its member CUs on the matter.
“There is a disclaimer you can put on your website that, at very minimum, lets consumers know you are working on this matter. We know that is what many attorneys are recommending. It’s not a silver bullet, but at least it is something. But the scariest part about all this, is that if a credit union settles with one person, that does not preclude someone else from bringing a suit against you, as these are not class-action suits.”