Michigan League files briefs supporting CUs hit by ADA suits

February 15, 2018

The Michigan Credit Union League (MCUL) filed amicus briefs Thursday supporting two credit unions facing lawsuits alleging their websites are not in compliance with the Americans with Disabilities Act (ADA). Credit unions around the country are facing lawsuits due to uncertainty over how the ADA applies to websites, and CUNA has made it a top advocacy priority.

“CUNA has been working closely in concert with the Michigan league, and strongly supports this filing of our leagues partners as our legal teams continue to work together to this address this predatory litigation in Michigan, as well as throughout the country,” said CUNA President/CEO Jim Nussle.

More than 20 credit unions in Michigan have received demand letters from the same law firm, alleging websites are out of compliance.

“Lack of guidance from the DOJ is forcing credit unions to waste money on litigation unnecessarily,” said Ken Ross, president/COO of the Michigan Credit Union League. “Community-based institutions like credit unions, trying to do the right thing, are being hamstrung by lack of regulatory clarity.

“MCUL stands behind its member credit unions,” Ross continued, “At the end of the day, this is a colossal waste of time and money — if we had a clear sense of what the DOJ considered good faith compliance, our members would have a path forward, rather than playing a legal guessing game on a case-by-case basis.”

CUNA is engaged on Capitol Hill and with the Department of Justice (DOJ) to find a solution. CUNA has met several times with the DOJ, most recently at the end of January.

During discussion over an CUNA-backed, ADA-related bill this week, Rep. Rob Woodall (R-Ga.) pledged to work with credit unions and other stakeholders to find a solution, and Woodall and Rep. Ted Poe (R-Texas) discussed this on the House floor a day later.

CUNA also has a number of compliance resources available for credit unions facing ADA website accessibility uncertainty.