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Justice Department Withdraws ANPRMs Related to ADA

Mon, Jan 8, 2018

The Department of Justice (DOJ) announced that it has rescinded two Advanced Notices of Proposed Rulemaking (ANPRM) related to website accessibility under Title II of the ADA applicable to state and local governments and under Title III applicable to private businesses open to the public. In 2010, the DOJ issued the proposal concerning how the ADA applies to website accessibility. Since then, as you know, there has been a dramatic increase in lawsuits filed against credit unions and financial institutions.  

In reference to its decision to withdraw the rule, the DOJ stated that it is, “evaluating whether promulgating regulations about the accessibility of Web information and services is necessary and appropriate. Such an evaluation will be informed by additional review of data and further analysis. The Department will continue to assess whether specific technical standards are necessary and appropriate to assist covered entities with complying with the ADA.” 

The decision to rescind this ANPRM could be somewhat helpful since at least one court dismissed a website accessibility case on due process grounds, but further clarification on the impact of the DOJ’s decision is needed. Credit unions should consult their legal counsel for guidance.

In the meantime, here is a comprehensive list of resources available for credit unions seeking to maintain ADA compliance for their websites. The list was compiled as part of an ADA website compliance webinar hosted by the MD|DC Credit Union Association and Kaufman & Canoles, P.C. in November.  

You can read the DOJ’s notification of formal withdrawl of the ANPRM related to ADA in the Federal Register here:

Nondiscrimination on the Basis of Disability; Notice of Withdrawal of Four Previously Announced Rulemaking Actions

CUNA’s Removing Barriers Blog provides further analysis