WASHINGTON – Another lawsuit against a credit union over alleged violations related to its website and the Americans with Disabilities Act (ADA) has been dismissed.
The Eastern District Court of Virginia, Alexandria Division, ruled that the plaintiff in the suit against Department of Labor FCU in Washington, D.C. did not have standing to sue the credit union, because he was not eligible for membership and would not likely use the credit union's services.
"NAFCU is pleased to see another lawsuit dismissed as the court agreed the plaintiff had no reason to sue our member," said NAFCU CEO Dan Berger. "We have actively defended our members in this fight for months, and will continue to do so as long as these meritless lawsuits continue."
NAFCU, which has joined CUNA and other associations in working to find ways to bring an end to the wave of similar lawsuits, had earlier attended a hearing in the Department of Labor FCU case, as did representatives from the Maryland-D.C. Credit Union Association.
In January, a separate case against a credit union was dismissed after a federal district court in Virginia also found that the plaintiff to such a lawsuit did not have standing to sue the credit union because he was not eligible for membership and would not likely use the credit union's services. In addition, the court indicated that a website is not a place of public accommodation, thus certain ADA protections were not triggered.
NAFCU noted it has been active on the ADA issue, engaging with various stakeholders on this issue, including with Congress, states' attorneys general and the Justice Department to clarify regulatory standards for websites.
Credit unions in at least 21 states have received demand letters threatening class action lawsuits over ADA and CU websites. Many of the letters have been sent by California-based Pacific Trial Attorneys.