CINCINNATI–The 6th U.S. Circuit Court of Appeals has rejected an appeal in a lawsuit filed by a blind woman against two Michigan credit unions that had alleged the CUs’ websites violated the Americans with Disabilities Act. The court ruled Karla Brintley lacked standing to sue Aeroquip Credit Union and Belle River Community Credit Union regardless of the merits of her allegations. The ruling overturned an earlier decision by U.S. District Judge Arthur Tarnow.
As CUToday.info reported earlier, in 2017 Brintley filed suit alleging both CUs had violated the ADA because their sites weren’t compatible with a screen reader used by the blind. As part of the litigation Brintley acknowledged she works as “tester” who checks companies’ compliance with the ADA.
In its ruling the 6U.S. Circuit Court of Appeals said it found Brintley had not personally suffered an injury as she is not eligible to be a member of either credit union.
“The internet is a vast and often unpleasant place,” wrote Judge Jeffrey Sutton in the decision. “But merely browsing the web, without more, isn’t enough. … And whatever that ‘more’ may entail, Brintley doesn’t have it.”
In response to the ruling, CUNA noted it is the third such victory for credit unions at the appellate level and called the litigation “frivolous.” Earlier decisions in favor of credit unions in ADA cases include a Seventh Circuit Court of Appeals ruling for Aurora Policemen Credit Union in Illinois in July and the Fourth Circuit Court of Appeals ruling in favor of Northwest FCU in Virginia n January. These decisions set precedent in their respective circuits.
CUNA and the Michigan Credit Union League had earlier filed an amicus brief in support of Aeroquip CU and Belle River Community CU in the case.
CUNA, MCUL Respond
“We’re grateful that another appellate-level court has dismissed this latest lawsuit designed to exploit a law that protects disabled Americans,” said CUNA President/CEO Jim Nussle in a statement. “These outcomes in the courts are encouraging, and CUNA will continue its engagement with policymakers and regulators to secure much-needed clarity on how credit unions can protect themselves from similar legal actions while ensuring website accessibility.”
Added MCUL President Dave Adams in a statement, “We are thrilled that the Sixth Circuit has now joined with the Fourth and Seventh Circuit this morning when it reversed a Michigan federal court’s refusal to dismiss two cases brought by the same plaintiff. MCUL, along with CUNA, worked to help Aeroquip and Belle River Community Credit Unions when it was clear that the plaintiff had brought lawsuits without any legal merit. We are committed to working to support credit unions from baseless claims by plaintiff law firms seeking to harass and make money on cases that lack any support in law or fact. We see this decision as a victory for Michigan credit unions as well as all credit unions nationally.”
The credit union trade groups continue to push both the Justice Department and CUNA to clarify rules around the ADA and websites.