CUNA and LSCU file brief in ADA Case
WASHINGTON, DC (March 21, 2018) — Credit Union National Association and the League of Southeastern Credit Unions and Affiliates filed an amicus brief in the U.S. District Court for the Southern District of Alabama defending a credit union hit with a lawsuit alleging violations of the Americans with Disabilities Act (ADA).
“This brief was filed by CUNA and LSCU to continue our aggressive defense of credit unions hit with predatory lawsuits from plaintiffs’ attorneys looking to exploit a law that protects disabled Americans,” said CUNA President/CEO Jim Nussle. “Credit unions unfortunately continue to see a string of meritless lawsuits taking advantage of ambiguities about what is required for website accessibility. In our brief, CUNA once again highlights that credit unions need clarity beyond a private industry standard and deserve due process.”
Patrick LaPine, LSCU president/CEO said the league stands with CUNA’s efforts on behalf of credit union facing these predatory lawsuits.
“The League believe it is important to join with CUNA and our member credit unions in defending against predatory lawsuits filed under the guise of the Americans With Disabilities Act,” he said. “While we seek clarity from the U.S. Department of Justice on website compliance with the ADA, we must not allow credit unions to be attacked using laws that are meant to truly protect disabled Americans.”
In the joint Amicus brief, CUNA and the League of Southeastern Credit Unions and Affiliates support The Infirmary Federal Credit Union’s Motion to Dismiss based on the following claims:
· The plaintiff lacks standing to file suit against the credit union;
· A website is not a place of public accommodation;
· Applying Title III of the ADA to websites renders the statute impermissibly vague in the absence of any implementing regulations by the Department of Justice
· The court should dismiss the complaint pursuant to the Primary Jurisdiction Doctrine.
Legal threats under the American’s Disabilities Act have affected hundreds of credit unions around the country, specifically regarding confusion over how the ADA applies to website accessibility. CUNA continues to evaluate similar lawsuits and engage with the Department of Justice. Finding a solution to this issue is a top priority for CUNA with filings in Texas, Illinois and Ohio; the Texas suit was thrown out just eight days after the brief was filed.
Credit Union National Association (CUNA) is the only national association that advocates on behalf of all of America’s credit unions, which are owned by 135 million consumer members. CUNA, along with its network of affiliated state credit union leagues, delivers unwavering advocacy, continuous professional growth and operational confidence to protect the best interests of all credit unions. For more information about CUNA, visit cuna.org. To find your nearest credit union, visit YourMoneyFurther.com.