news.cuna.org/articles/113657-plaintiff-amends-complaint-in-ada-case-against-va-cu

Plaintiff amends complaint in ADA case against Va. CU

February 1, 2018

Since a case alleging Americans with Disabilities Act (ADA) violations by a credit union was thrown out last week, the plaintiff has amended his original complaint. The suit was thrown out Friday, and is an important step forward for credit unions facing increasing legal threats due to uncertainty over how the ADA applies to websites. CUNA has made finding a solution a top priority.

U.S. District Judge Claude M. Hilton decided to dismiss Carroll v. Northwest FCU after finding the plaintiff was not eligible to join the credit union, and therefore unable to suffer any harm or injury. The court also decided that a website is not a place of public accommodation, taking the approach that a place of public accommodation must be a brick-and-mortar location.

The plaintiff’s amending of the original complaint attempts to make additional arguments concerning standing. Specifically, they attempt to argue that they have standing because the field of membership extends to those participating in the special Olympics.

Since the court did not accept that websites were places of public accommodation, the plaintiff still faces an uphill battle, CUNA believes.

CUNA will continue to update members about its legal advocacy efforts and cases impacting credit unions as litigation continues in several courts.

Additional details can be found on CUNA’s Removing Barriers Blog.