WASHINGTON—The resignation by Attorney General Jeff Sessions raises new questions around the fate of several issues of concern to credit unions.
Among those issues are when the Department of Justice might provide greater clarity around Americans with Disabilities Act (ADA) rules and whether they apply to websites, as well as federal rules related to cannabis.
Both credit union trade groups have been calling on the DoJ to take the position that websites do not fall under the “public accommodation” rules within the ADA. As CUToday.info has reported extensively, credit unions across the country have faced both lawsuits and demand letters related to alleged lack of compliance with the ADA. One such case is currently pending before an appeals court.
Both credit union trade groups have also been pressing Congress to clear up how the ADA should be interpreted. The DoJ has never promulgated regulations regarding website accessibility for public accommodations and last December withdrew previously issued advanced notices of proposed rulemakings on this subject.
Both CUNA and NAFCU have filed numerous amicus briefs in seven different states to support credit unions targeted by ADA website accessibility litigation.
Sessions had been a strong opponent to legalizing cannabis, despite the growing number of states that have done so. That has put both cannabis-related businesses and any financial institution that serves them at risk of violating federal law. Proponents are hopeful any new leadership at the Justice Department will also move to ease federal restrictions.
Sessions' chief of staff, Matthew Whitaker, will take over in the interim as the acting head of the DoJ.