CASCO, Mich.–A federal district court has ruled a blind person has the right to sue a credit union here even though she is not eligible for membership. The ruling is a reversal of a trend in which credit unions had been winning dismissals in the wave of lawsuits filed against credit unions that alleged violations of the Americans With Disabilities Act.
The United States District Court in Michigan, Southern Division ruled against Belle River Community Credit Union, finding the ADA does potentially apply to credit union websites, finding websites function as a connection point to the goods and services being sold by CUs at physical locations.
But the issue that will concern many CUs is the court’s finding on standing. As CUToday.info has reported earlier, courts in Virginia have dismissed several lawsuits filed against CUs alleging their websites violated the ADA, finding the plaintiffs in the cases were not members and could not show harm.
But in KARLA BRINTLEY v. BELLE RIVER COMMUNITY CREDIT UNION, Case No. 17-13915, the court ruled the non-member plaintiff could seek damages, writing in its opinion that the “Plaintiff has been denied the ability to effectively browse for Defendant’s services and locations, determine eligibility for membership, and compare Defendant’s services and advantages with its competitors.”
The court further found arguments that the Americans with Disabilities Act lacks sufficient guidance on websites to be lacking.
“Plaintiff is simply seeking an order requiring Defendant to comply with Title III; she is not dictating how Defendant must comply with the statute,” the court ruled.
The Michigan decision is likely to only add to demands by the credit union (and bank) trade associations that the Justice Department issue clarifications on the issue. As CUToday.info reported here, 18 state attorneys general plus the D.C. attorney general have sent a letter to the DoJ demanding it take action.