CUNA evaluating ADA lawsuits against CUs, will file briefs soon

February 5, 2018

CUNA continues its active engagement with credit unions facing legal threats over website accessibility issues under the Americans with Disabilities Act (ADA) by evaluating litigation around the country against several credit unions. CUNA Chief Advocacy Officer Ryan Donovan said CUNA may file briefs in certain cases in the coming days and weeks.

“We’re presently evaluating more than three dozen cases to determine where our participation as a trade association can have the greatest impact both in defense of credit unions and in terms of public policy in the interest of all credit unions,” Donovan said. “We expect to begin filing briefs as early as this week.

Uncertainty over how the ADA applies to websites has led to increasing legal threats against credit unions, and CUNA has made finding a solution a top priority.

“We have been very actively engaged in this issue for several months providing guidance to CUs on the matter, meeting with officials within the administration and at the top of the Department of Justice,” Donovan said.

Donovan added that evaluating the lawsuits brought against credit unions has been part of this engagement and any action CUNA takes will be toward its long term goal.

“We have taken our time to look at this matter from a very broad perspective, understanding from the beginning that this is going to take a long time,” he said. “Our strategy is a long-term strategy, it is not an impulsive reaction. We take our position as a steward of the industry very seriously as we approach this issue.”

CUNA’s other efforts to help credit unions face this threat and find a solution includes:

  • Conducting a members-only webinar, recordings of which can be viewed for free; 
  • Writing to the House and Senate Judiciary Committees; 
  • Meeting with senior leadership at the Department of Justice;
  • Spearheading efforts that resulted in 61 members of Congress raising ADA concerns in a letter to DOJ; and 
  • Scheduling a breakout session at this year’s CUNA Governmental Affairs Conference with the latest developments, scheduled for Monday, Feb. 26 from 2:45 to 4 p.m. (ET).