RICHMOND, Va.—The Fourth Circuit of Appeals will hear arguments Oct. 30 in an appeal by Department of Labor FCU in a lawsuit alleging website noncompliance with the Americans with Disabilities Act (ADA).
The lawsuit is just one of many around the country facing credit unions due to uncertainty about how the ADA applies to websites.
CUNA filed a brief in Griffin v. DOL FCU in June, its first in such cases at the appellate level. A decision in this case will provide binding precedent for the Fourth Circuit, CUNA said.
CUNA’s primary arguments on behalf of DOL FCU were:
- The district court correctly found that the appellant lacks standing, and had not suffered concrete and particularized harm because he does not meet the eligibility requirements to become a member of DOL FCU
- A website is not a place of public accommodation, and therefore the ADA does not apply
- 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