Why ADA Compliance Is Important at Your Credit Union

Americans with Disabilities Act (ADA) compliance has been in place since 1990 for physical branches, but what about for your website? Increasing accessibility not only helps people who need it, but can also increase traffic to your website. It’s a win-win.

To improve website accessibility on a global scale, the U.S. Department of Justice recommends using the Web Content Accessibility Guidelines (WCAG) 2.0 and 2.1. Several factors, like choosing the right files that can be read aloud when clicked or hovered, contrasting colors and larger fonts can all contribute to an ADA compliant website.

Although the U.S. government has yet to set its own clear standards for ADA compliant websites, many companies in a ­myriad of industries are beginning to take a closer look. The outdated law was created well before we began actively shopping, learning and banking on the web.

The more society becomes dependent on the internet for ordering food, traveling and banking (just to name a few), having a disability that prevents you from using these online services can cause frustration to the point of taking legal action.

Website Accessibility Lawsuits

Several successful lawsuits against websites, including rulings by the United States Court of Appeals for the Ninth Circuit, concluded that commercial websites through which ­consumers make purchases are subject to ADA regulations.

In 2018 alone, there were over 1,000 website accessibility lawsuits, according to the Bureau of Internet Accessibility. With online shopping on the rise, lawsuits are expected to also increase. Large companies like Nike, CVS and Burger King have been sued for website accessibility complaints. And while corporations may have a larger target on their backs, smaller companies are not exempt.

A case in Jackson, Mich., involved a blind woman who sued multiple credit unions over website accessibility. The sixth U.S. Circuit Court of Appeals dismissed the case after noting that the woman wasn’t eligible to become a member at any of the credit unions. Similar cases have surfaced in Virginia.

It may appear that credit unions are in the clear based on recent litigation. However, plaintiffs and their attorneys have recently adjusted their defense by claiming that the plaintiffs could technically be tied to the credit union’s services via shared branching. Once a benefit by linking networked credit unions’ ATMs and financial services, shared branching is now an avenue being used to sue credit unions with an insufficient level of compliance with the ADA online.

It appears that the plaintiffs have been unsuccessful in taking this angle so far, but it is only a matter of time before another loophole is found and sensationalized.

Are All Credit Unions ­Affected by WCAG 2.1?

In June 2018, more requirements were added to WCAG 2.0 and they are included in the updated WCAG 2.1.

The 2.1 version includes new technologies that did not exist when WCAG 2.0 was created. The main point was to include additional devices beyond computers, such as tablets, phones, digital appliances and wearables. It is important to note that if your website conforms to WCAG 2.1, it is also compliant with WCAG 2.0.

While large financial institutions have already been working to perfect website accessibility, small- to medium-sized banks and credit unions may be unaware of its importance. While 2.0 only included a website, 2.1 now includes your mobile app.

Taking ADA compliance into consideration can save your credit union from costly litigations and unwanted press. If you are currently experiencing ADA pushback or have specific questions about your extent of compliance, you are not alone. Compliant lending is important to many credit unions nationwide.

NAFCU has made website accessibility issues one of its top priorities. The trade association is helping credit unions respond to litigation and working to simplify website accessibility requirements.

Until the law is made clear through the Department of Justice, NAFCU recommends credit unions make their own “risk-based decisions” regarding website accessibility.

How to Make Your Website ADA Compliant

An accessible website must meet standards in four categories. It must be considered:

• Perceivable;
• Operable;
• Understandable; and
• Robust.

To satisfy the four categories, the following actions can be ­taken to improve and maintain website accessibility:

• Include alternative text (alt text) for each photo or graphic. Popular screen-reading software can audibly cue image descriptions to visually impaired users. (accessiBe is a popular SaaS platform that offers fully automated 24/7 website accessibility compliance).

• Incorporate readable fonts. Only use fonts that are easy to read in both large and small font sizes. Fonts such as Georgia, Open Sans and Quicksand are good choices for maximum accessibility.

• Evaluate contrast and color accessibility (WebAIM). Turn on “high contrast” mode in Windows; this mode is essential for low-vision users.

• Create logical navigation. Your website should have a good flow. Put a large “x” in the corner of pop-ups and a title over each new block of content. ADA-compliant content not only includes all website text and images, but third-party vendors and downloadable documents as well.

• Make it keyboard-friendly. Those with motor and visual impairment can rely solely on a keyboard to get around a website. To test your website, try only using your “tab” key or navigate your website without a mouse for the best results. Also, eliminate auto-play videos and allow users the ability to pause, stop, restart or slow down videos and slide shows.

• Include audio descriptions. All content should be accessed through sound to aid those with visual impairment.

• Provide concise, clear text for the reader. If you use unique words, provide a definition and refrain from using phrases that could confuse the average reader. If you have downloads available, provide them in a text-based format such as HTML in addition to PDFs. Keep your membership disclosures and lending forms updated.

• Simplify web forms. If you have online applications or contact forms, make sure they have audible text and explanations of how the user can properly navigate them. Stick to one-page forms as much as possible for ease of use.

• Write a website accessibility policy. Credit unions like SC Telco Federal Credit Union provide an accessibility statement through a clear link on their website.

• Consistently check and update your website. ADA compliance regulations can change with the introduction of new technologies. Plus, changes to your website’s design or IT team can affect compatibility.

Make a Personal ­Commitment to Website Accessibility

Until the federal government provides clear guidelines on website accessibility for credit unions, lawsuits will continue to rise in murky waters. While the investment of ADA compliance may be a cost you were not prepared to handle, you must now weigh website accessibility versus possible litigation. However, avoiding a lawsuit isn’t the only reason you should consider following ADA guidelines.

Credit unions take pride in forming personalized relationships with their members. Shouldn’t that same level of care apply to all people? Making a personal commitment to website accessibility provides valuable options for people with disabilities who often get overlooked. Committing to ADA compliance is just the right thing to do.

While hiring a web design team or purchasing software to make a complete overhaul overnight is unrealistic, making future online campaigns accessible is a small step in the right direction. To serve your entire community, the time to comply with WCAG 2.0 and WCAG 2.1 is now.

Richard Gallagher, CEO Oak Tree Business Systems, Inc. Big Bear Lake, Calif.