news.cuna.org/articles/113975-cuna-and-illinois-credit-union-league-defend-cu-in-ada-lawsuit

CUNA and Illinois Credit Union League Defend CU in ADA lawsuit

April 6, 2018

FOR IMMEDIATE RELEASE   

CONTACT: Lauren Williams – CUNA Communications; (202) 626-7642; lwilliams@cuna.coop          

Washington, DC (February 28, 2018) – Credit Union National Association and the Illinois Credit Union League today filed an amicus brief defending Aurora Policeman Credit Union which is facing a frivolous lawsuit alleging violations of the Americans with Disabilities Act (ADA). CUNA has been working closely with several league partners to file in other states, most recently a brief in Texas.  

“CUNA and the Illinois league filed this brief as part of our continuing defense of credit unions facing frivolous lawsuits alleging website noncompliance under ADA. CUNA will continue to push back on these meritless lawsuits that are being brought even when the plaintiff may not be eligible for the credit unions field of membership as is the case in this litigation once again” said CUNA President/CEO Jim Nussle. "We will continue to support our credit unions and their members, who are being unfairly targeted by plaintiffs' firms seeking to exploit uncertainty about what is required."  

In the joint brief, CUNA and the Illinois Credit Union League primary arguments include:  

The plaintiff lacks standing to file suit against the credit union; 

  • A website is not a place of public accommodation;  
  • 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   
  • The court should dismiss the complaint pursuant to the Primary Jurisdiction Doctrine 

CUNA continues to evaluate similar lawsuits and engage with the Department of Justice and on the Hill. Several members of Congress, including Rep. Bob Woodall (R-Ga.), pledged to support credit unions in finding a solution.  

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 About CUNA:     

Credit Union National Association (CUNA) is the only national association that advocates on behalf of all of America’s credit unions, which are owned by 110 million consumer members. CUNA, along with its network of affiliated state credit union leagues, delivers unwavering advocacy, continuous professional growth and operational confidence to protect the best interests of all credit unions. For more information about CUNA, visit cuna.org