RICHMOND, Va.—Despite a federal district court ruling here in favor of a credit union in a case related to the Americans with Disabilities Act and website access, CUNA is urging cautious optimism when it comes to the decision.
As CUToday.info reported here, in the case Carroll vs Northwest FCU, the court ruled the plaintiff was not eligible for membership and would not likely use the credit union's services. It further ruled a website is not a place of public accommodation, thus certain ADA protections were not triggered.
The ruling comes as credit unions, banks and other entities have faced a rash of lawsuits in the past year related to website accessibility. Last week CUToday.info reported how State Highway Patrol FCU in Columbus, Ohio, is fighting an ADA lawsuit.
Leah Dempsey. Senior Director of Advocacy & Counsel with CUNA, said the two findings in the case are “significant,” but there are some caveats.
“This is a lower court ruling, and it conflicts with rulings in other circuits,” observed Dempsey. “It is a great step forward, but we think the fight is going to have to continue in several other circuits,” Dempsey said. “It’s notable the case was dismissed without prejudice, so it could be brought again.”
CUNA, the Ohio Credit Union Leagues and several Ohio credit unions will be meeting with the Department of Justice today to discuss the ruling and to urge the DoJ to weigh in on the litigation and to provide formal or informal guidance, even though the Department recently withdrew its 2010 ANPR.