CUNA and the Ohio Credit Union League filed an amicus brief Tuesday supporting Dover-Phila Federal Credit Union, who is facing a frivolous lawsuit alleging non-compliance with website accessibility standards under the Americans with Disabilities Act (ADA). This is the latest of multiple briefs CUNA has filed in conjunction with state leagues in similar cases, including Texas (dismissed) and Illinois.
The brief was filed in the U.S. District Court for the Northern District of Ohio in Mitchell v. Dover-Phila FCU, in support of the Dover, Ohio-based credit union.
“CUNA and the Ohio Credit Union League filed this brief as part of the continuing defense of credit unions facing lawsuits exploiting a law designed to protect disabled Americans,” said CUNA President/CEO Jim Nussle. “These lawsuits are meritless and harmful to credit unions and the communities these institutions serve. We will continue to analyze lawsuits around the country to see where CUNA/league defense of unfairly targeted credit unions can have the greatest impact.”
“As the state and federal credit union trade associations serving Ohio credit unions, the Ohio League and CUNA believe it is important to assist Ohio credit unions that have chosen the path of proceeding with litigation in the hopes of creating favorable case law in the Sixth Circuit,” said Ohio Credit Union League President Paul Mercer. “We continue to explore additional opportunities to leverage legal, legislative, and regulatory means to positively and strategically halt nuisance, predatory litigators from continuing to exploit the good intentions of the Americans With Disabilities Act.”
The primary arguments of the joint brief are:
Hundreds of credit unions around the country are facing similar lawsuits as a result of confusion over how the ADA applies to websites. CUNA has made finding a solution a top priority, and in addition to its legal advocacy, is pursuing solutions in the regulatory and legislative arenas.
CUNA also has compliance resources available for member credit unions, designed to help them ward off legal threats.