MOBILE, Ala.—CUNA and the League of Southeastern Credit Unions and Affiliates have filed a brief in support of a credit union facing a predatory lawsuit alleging noncompliance with the Americans with Disabilities Act (ADA).
The brief was filed in Scott v. The Infirmary FCU in the U.S. District Court for the Southern District of Alabama. The LSCU represents credit unions in Alabama and Florida.
“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 unions facing these predatory lawsuits.
“The league believes 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.”
The primary arguments of the joint brief are:
- 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
CUNA has joined with leagues in Texas, Illinois and Ohio to file similar briefs supporting credit unions on those states. The Texas suit was dismissed eight days after the CUNA/league brief was filed.
Hundreds of credit unions around the country are facing similar lawsuits due to confusion over how the ADA applies to websites. CUNA said it has made finding a solution a top priority, and in addition to its legal advocacy, is pursuing solutions in the regulatory and legislative arenas.