Print
Your League and CUNA Mutual, one of your League's partners, is sharing a new warning regarding increased aggressiveness from law firms pursuing credit unions regarding website and mobile app accessibility in recent weeks. Todd Mason, President of the Maine CU League, explained, "While we are not aware of any Maine credit union that has received a demand letter from an attorney threatening to file legal action, credit unions in at least 13 other states and the District of Columbia have received one or more letters. There is a high likelihood that this growing trend will continue and grow and reach Maine in the near future. We want our CUs to be prepared and be proactive in getting their websites and mobile apps in compliance, if they are not already."
In its communication to your League, CUNA Mutual Group's Risk and Compliance Solutions Division outlined the process that is taking place in other states. "Law firms representing private litigants have become increasingly aggressive in recent weeks and months in pursuing credit unions regarding website and mobile app accessibility suggesting they are not equally accessible to people with disabilities. Demand letters threatening to file legal action were initially delivered to credit unions in the state of California; however, plaintiff firms have extended their efforts into hundreds of credit unions within multiple states. If the demand is ignored or disputed, a lawsuit is then filed in State Court or even possibly in Federal Court potentially leaving your credit union to damages and fees. For example, if a credit union is found in violation under the Unruh Act in California, the individual could be entitled to $4,000 in damages for each instance, and an injunction requiring remediation of the website and attorneys’ fees."
Mason said, "We are committed to helping and supporting our credit unions in any way we can. If your credit union receives this type of letter, please contact us as soon as possible, as well as CUNA Mutual Group. In addition, credit unions should also be in touch with their web developer and/or administrator to assess their compliance on this issue."
In the meantime, CUNA Mutual Group suggests that credit unions do the following:
- Conduct a thorough risk assessment on websites and mobile applications and ensure content / services is accessible and compatible with assistive technology. W3C provides a list of vendors offering website accessibility evaluation tools to help organizations determine if their website meets accessibility guidelines. Credit unions should use an evaluation tool to determine what adjustments, if any, need to be made to their websites;
- Define a policy and establish someone to be point person to document steps your credit union will take towards website accessibility conformity;
- Work with your IT, risk / compliance teams, and vendors to ensure their websites, including online, mobile banking websites and mobile applications are accessible to people with disabilities; and
- Use the WCAG 2.0 to identify weaknesses that should be corrected to make the website accessible to individuals with disabilities. In addition, use compliance tools and resources to maintain results and track new website content.
For credit unions with questions and/or requiring additional assistance, please email CUNA Mutual's Risk & Compliance Solutions at riskconsultant@cunamutual.com
Resources:
Risk Alert from CUNA Mutual Group