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"The ADA website compliance threat is real, and not likely going away anytime soon. As I have noted previously, it is just a matter of time until Maine CUs are impacted by the threat of legal action for non-compliance. I would encourage our CUs, who didn't participate in the recent webinar that the Credit Union National Association (CUNA) held to watch a recorded version of it, which is now available," remarked Todd Mason, President of the Maine Credit Union League.
Last week, nearly 1,000 credit union stakeholders tuned into to CUNA's members-only webinar on website accessibility under the Americans with Disabilities Act (ADA). Credit unions have been facing increasing legal threats due to uncertainty over the ADA's application to websites. One potential solution is for credit unions to ensure their websites are in compliance with Web Content Accessibility Guidelines (WCAG) 2.0.
"We're working hard to get the government to provide a resolution that helps all credit unions, but it's important to know, and this can't be over-emphasized, that the best thing a credit union can today to protect itself is to update your website to the WCAG 2.0 standards," said Ryan Donovan, CUNA's chief advocacy officer. "Frankly, a government solution may take a long time, but we believe if a credit union's website is WCAG 2.0 compliant the risk of being sued is reduced."
Leah Dempsey, CUNA senior director of advocacy and counsel, said credit unions are facing more than threats, as law firms have moved on to seeking litigation against credit unions they say are not in compliance.
"If you settle with one law firm, nothing precludes you from getting hit with another threat, from a different or even the same law firm," she said. "CUNA is looking for opportunities for our legal advocacy team to get involved, and we need to hear from you if those opportunities arise."
Jared Ihrig, CUNA's chief compliance officer, recommended credit unions conduct an ADA compliance audit of their websites and other digital content, post an accessibility statement on their websites and implement a long-term accessibility strategy among other strategies.
He pointed members to CUNA's FAQ document on ADA accessibility, eGuide on the ADA, and CUNA's Compliance Community.
Going forward, Donovan said this has become a top advocacy priority for CUNA, and it will continue its work with the House Judiciary Committee, Department of Justice and individual members of Congress to come up with a solution.
For those who were unable to participate in the live webinar, a recorded version is now available and free to CUNA members. Click here to register to watch it.
The webinar is just the latest in a series of 360 advocacy efforts that CUNA, with support from Leagues, have initiated in recent weeks. Other actions include:
- Launching an ADA advocacy page earlier last week;
- Outlining concerns with the ADA lawsuits in several meetings with DOJ officials;
- Following up with a letter highlighting those concerns;
- Backing a bill that would address these threats;
- Writing to the House and Senate Judiciary Committees;
- 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.
View the ADA Advocacy page by clicking here.