Website accessibility and ADA
Law firms representing private litigants are increasingly aggressive in pursuing credit unions regarding website and mobile app accessibility. Without specific regulations addressing website accessibility, these attorneys are relying on the general language of the Americans with Disabilities Act (ADA) for public accommodations to make demands and bring actions claiming that credit union websites are not equally accessible to people with disabilities — especially blind and visually impaired consumers.
Some common barriers include:
- Incompatibility with speech recognition or screen reading software.
- Lack of text-based alternatives, poor color contrast or small text size to media content.
- Transaction timing requirements that do not take into account intellectual disabilities.
Credit unions are encouraged not to wait and should review all aspects of websites and mobile apps — including HR-related functions such as access to job applications.
Credit unions in 29 states and the District of Columbia have already been impacted. With more than 850 credit union claims submitted, TruStage continues to aggressively defend these cases where defenses exist.
If you receive a demand letter or lawsuit; policyholders should immediately report it to TruStage’s Third Party Litigation (800.637.2676, Option 2, then Option 1) to review coverage and develop appropriate next steps. Be assured, TruStage is monitoring case progress globally and ensures that strategy and litigation practices are consistent and streamlined for policyholders.
For additional insights, contact a TruStage risk consultant at 800.637.2676 or through this form.
Additional resources:
RISK alert: Law firms allege ADA non-compliance related to website accessibility
RISK alert: DOJ withdraws proposed rulemaking on website accessibility
Risk overview: Website accessibility guidelines & checklist
ADA & website accessibility — FAQs