AURORA, Ill.–A lawsuit against Aurora Policemen Credit Union alleging its website violated the Americans with Disabilities Act (ADA) has been dismissed by the U.S. District Court for the Northern District of Illinois. Judge Thomas M. Durkin ruled the plaintiff lacked standing.
The ruling means the courts remain divided on whether non-members can bring such lawsuits. As CUToday.info reported here, afederal district court in Michigan ruled a blind person has the right to sue a credit union here even though she is not eligible for membership, while other courts have ruled similarly to Durkin.
The Illinois Credit Union League (ICUL) and CUNA had earlier filed a joint amicus curiae brief in support of the credit union’s motion to dismiss the complaint.
“Credit unions around the country are facing frivolous lawsuits due to uncertainty regarding how the ADA applies to websites. CUNA has deployed its 360-degree advocacy to find a solution, and this latest dismissal is a promising victory on the legal front,” said CUNA President/CEO Jim Nussle in a statement. “As we continue our work in the courts, we’re also engaged with policymakers in Congress and the Department of Justice to find a permanent solution to this exploitation of a law designed to protect disabled Americans.”
CUNA and the ICUL noted they continues to press Congress and the Department of Justice to prospectively address the ambiguity in current law regarding the applicability of the ADA to websites in hopes of preventing further unwarranted threats against credit unions.
As CUToday.info reported here,19 state Attorneys General have also recently sent a letter to the Department of Justice asking it to clarify the Americans with Disabilities Act (ADA) with respect to websites.
“We are grateful for the court’s favorable ruling in this matter,” said Tom Kane, President and CEO of the Illinois Credit Union League. “Credit unions are greatly supportive of members with disabilities, however, these nuisance lawsuits are simply a brazen attempt by an out-of-state law firm to game the legal system to make money. It is reassuring to see that this scheme will not work in Illinois and ICUL and CUNA are committed to defend credit unions against unfounded accusations like the claims in this lawsuit.”
In addition to this case, CUNA said it has joined with leagues to file briefs in two Alabama cases, i n Illinois, as well as additional cases in Texas and Ohio, supporting credit unions on those states. The earlier Texas case was dismissed shortly after CUNA and the league filed their brief.