Over the last several year, credit unions have faced an increased number of lawsuits relating to the Americans with Disabilities Act (ADA) and websites. These lawsuits are brought by those who claim that credit union websites are not accessible to those with disabilities.

The majority of these lawsuits have been thrown out for a lack of standing because those bringing suit were not eligible for membership at the credit unions sued.

“We’re pleased that another court has ruled that this type of claim against a credit union lacks standing and granted the motion to dismiss,” said CUNA President/CEO Jim Nussle. “Credit unions and disabled Americans lose when these kinds of lawsuits are filed to exploit uncertainty in the statute and CUNA will continue its efforts to find a permanent solution.”

The response from the courts has varied in different jurisdictions.  The U.S. District Court for the Southern District of Texas ruled that a website is “not a physical place” while the Ninth Circuit Court has suggested that there may be a “nexus” between the site or app and the physical business. The Department of Justice (DOJ) has not provided meaningful guidance on how institutions should improve accessibility on their websites. CUNA reached out to Attorney General William Barr and asked for insight into this important issue.