CUNA and the Illinois Credit Union League (ICUL) saw a victory late Tuesday with the dismissal of a frivolous lawsuit against Aurora (Ill.) Policemen CU. CUNA and the league worked with the credit union to file an amicus brief on its behalf.
“Credit unions around the country are facing frivolous lawsuits due to uncertainty regarding how the ADA applies to websites. CUNA has deployed its 360-degree advocacy to find a solution, and this latest dismissal is a promising victory on the legal front,” said CUNA President/CEO Jim Nussle. “As we continue our work in the courts, we’re also engaged with policymakers in Congress and the Department of Justice to find a permanent solution to this exploitation of a law designed to protect disabled Americans.”
Judge Thomas M. Durkin of the U.S. District Court for the Northern District of Illinois granted Aurora Policeman’s motion to dismiss for lack of standing. Since the defendant is ineligible to become a member, he cannot allege an injury for failure to access the credit union’s website.
“We are grateful for the court’s favorable ruling in this matter,” said Tom Kane, president/CEO of ICUL. “Credit unions are greatly supportive of members with disabilities, however, these nuisance lawsuits are simply a brazen attempt by an out-of-state law firm to game the legal system to make money. It is reassuring to see that this scheme will not work in Illinois and ICUL and CUNA are committed to defend credit unions against unfounded accusations like the claims in this lawsuit.”
In addition to this case, CUNA has joined with leagues to file briefs in two Alabama cases, in Illinois, as well as additional cases in Texas and Ohio, supporting credit unions on those states. The earlier Texas case was dismissed shortly after CUNA and the league filed their brief.