CINCINNATI—Credit unions are now in wait-and-see mode after arguments were made before a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit last week in two lawsuits alleging website noncompliance with the Americans with Disabilities Act (ADA) by two CUs.
The cases are Brintley v. Aeroquip CU and Brintley v. Belle River Community Credit Union, two Michigan-based credit unions. CUNA and the Ohio Credit Union League were present.
CUNA filed amicus briefs with the Michigan Credit Union League supporting the credit unions’ appeal of the denial of their motion to dismiss.
The lawsuits filed against the two CUs are similar to those credit unions around the country have faced over how the ADA applies to websites.
15 Minutes for Arguments
During Thursday’s proceedings, each party was given 15 minutes to present arguments and answer questions from the panel, CUNA reported.
Defendants’ attorneys emphasized that credit unions’ field-of-membership requirements are “neutral legal barriers” to the plaintiff’s access to credit unions’ services and argued that the previous denial of the defendants’ motion to dismiss was erroneous and disregarded well-established requirements for establishing standing, CUNA said.
Credit unions have achieved two previous appellate-level victories in similar suits, the first in the Fourth Circuit in January and the second in the Seventh Circuit in July. Such victories create binding precedent in their respective circuits, CUNA said.
Case May be Heard by SCOTUS
As CUToday.info reported here, credit unions are also watching a similar case involving Domino’s Pizza. That company has lost an earlier appeal of a decision involving its website/mobile app and the applicability of the ADA. That case was filed by a plaintiff who is blind.