Despite the urging from members of Congress and many credit unions, the Justice Department is remaining noncommittal about releasing guidance on website access under the Americans with Disabilities Act.
In a letter to members of Congress obtained by CU Times, Assistant Attorney General Stephen Boyd simply said that the department is evaluating whether accessibility standards are "necessary and appropriate."
Credit unions have been plagued by a rash of lawsuits—many filed by the same law firm—alleging that websites do not comply with the ADA. In some cases, the person filing the suit has not even been eligible to join the credit union based on its field of membership.
The Obama Administration had announced that it was planning to issue rules governing ADA website compliance, but the Trump Administration said it would not issue such rules.
In his letter, Boyd said that the department remains committed to promoting such accessibility while at the same time "working with covered entities to understand compliance challenges and implications."
Meanwhile, on Capitol Hill, the House on Thursday passed legislation that would allow businesses time to make architectural changes before an ADA lawsuit can proceed.
Critics of the measure says it is a setback for the ADA.
The bill also does not deal with website accessibility. Rep. Robert Woodall (R-Ga.) said credit unions in his home state are being sued over ADA accessibility and he said that many businesses do not know how to make their websites ADA compliant.
Bill sponsor Rep. Ted Poe (R-Texas) said House Judiciary Committee members will work with the Justice Department on the issue.
Credit union trade groups said they were encouraged by the House action even though it does not directly deal with their problem.
"This bill is an important step forward in addressing other litigation threats," said CUNA President/CEO Jim Nussle. "It will ensure those protected by the ADA will continue to be protected but will take the right steps to curb predatory litigation that harms all consumers."
NAFCU and our members strongly support the protections of the ADA and efforts to ensure individuals with disabilities are not discriminated against and have equal access to financial services.," said association President/CEO B. Dan Berger. "We have maintained that this is best achieved through clear guidance and standards for website compliance, not through meritless and costly lawsuits. We appreciate the representatives who realized this challenge and sought to clarify it by supporting this bill."
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