Texas court dismisses CU’s ADA lawsuit

The U.S. District Court for the Southern District of Texas has dismissed a lawsuit filed against Smart Financial Credit Union related to website accessibility requirements under the Americans with Disabilities Act. NAFCU had filed an amicus brief in support of the credit union in this case.

In its decision, the court found that the plaintiff did have standing as he seemed to fall in the credit union’s field of membership; however, the court determined that a website is not a physical place and the credit union would not be liable under the ADA.

“This decision reinforces the need for the Department of Justice to provide clarity on ADA website requirements as different courts continue to come to different conclusions,” said NAFCU Executive Vice President of Government Affairs and General Counsel Carrie Hunt. “NAFCU will continue to press the department for guidance to ensure credit unions feel confident in their website offerings.”

NAFCU has filed 16 amicus briefs in seven different states to support credit unions targeted by ADA website accessibility litigation. So far, nine of the complaints in which NAFCU has supported the credit union have been dismissed, though many of the courts determined that the plaintiff lacked standing.

 

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