ARLINGTON, Va.—NAFCU has submitted another amicus brief to support Allentown, Penn.-based APCI Federal Credit Union’s motion to dismiss a complaint filed against it in federal district court under the Americans with Disabilities Act (ADA), while also filing another amicus brief in a different case.
In the APCI FCU case, NAFCU’s brief notes plaintiff is not a member of the credit union and does not clearly fall within the credit union's field of membership.
NAFCU said it 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,” the trade association said.
Separately, NAFCU filed another amicus brief, this time in the Eastern District of Virginia, to support Northwest Federal Credit Union's motion to dismiss a complaint filed against them in federal district court under the Americans with Disabilities Act (ADA).
This is the second amicus NAFCU filed in support of Northwest – the case has been dismissed once as the court ruled that the plaintiff in the case is not a member of the credit union and does not clearly fall within the credit union's field of membership, the association noted.
The plaintiff has filed an amended complaint, but NAFCU said in its brief the person still does not clearly fall in Northwest's field of membership. Northwest has filed a second motion to dismiss; NAFCU has filed a second amicus to support this new motion.
To date, credit unions in at least 25 states have been targeted with demand letters on this issue.
NAFCU has filed amicus briefs in five other cases to support member credit unions' motions to dismiss ADA website complaints against them. Three of those lawsuits have been dismissed as the courts determined that the plaintiff to such a lawsuit did not have standing to sue the credit union because the individual was not eligible for membership and would not likely use the credit union's services.
To date, credit unions in at least 25 states have been targeted with demand letters on this issue. NAFCU has filed five other amicus briefs to support member credit unions' motions to dismiss ADA website complaints against them. Three of those lawsuits have been dismissed as the courts determined that the plaintiff to such a lawsuit did not have standing to sue the credit union because the individual was not eligible for membership and would not likely use the credit union's services, according to NAFCU.
The association said it 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.