CUNA and LSCU Defend Alabama CU in New ADA Suit
FOR IMMEDIATE RELEASE
CONTACT: Lauren Williams – CUNA Communications; (202) 626-7642; firstname.lastname@example.org
Washington, DC (March 27, 2018) – Credit Union National Association and the League of Southeastern Credit Unions and Affiliates today filed another amicus brief in the U.S. District Court for the Southern District of Alabama defending Naheola Credit Union, which was hit with a lawsuit alleging violations of the Americans with Disabilities Act (ADA).
“CUNA and LSCU continue our aggressive defense of credit unions as they continue to see predatory law firms seek to exploit unclear standards required for website accessibility,” said CUNA President/CEO Jim Nussle. “CUNA will continue to work with our league partners and credit unions around the country to work to create favorable precedent for credit unions and will continue to urge courts to consider the injustices that are resulting from a lack of due process coupled with frivolous legal actions."
“The League and CUNA have made it a priority to support our credit unions in the face of wrongful allegations such as those set forth in these frivolous lawsuits using the Americans With Disabilities Act as a pretense to make money,” said LSCU President/CEO Patrick La Pine. “We take the rights of disabled Americans seriously and we again ask the U.S. Department of Justice to set forth clear website guidelines.”
In the joint Amicus brief, CUNA and the League of Southeastern Credit Unions and Affiliates support Naheola Credit Union's Motion to Dismiss based on the following claims:
- 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 filed a brief earlier this month in another Alabama case, Scott v. The Infirmary CU, and has joined with leagues in Texas, Illinois and Ohio to file similar briefs supporting credit unions in those states.
Legal threats under the ADA with affected hundreds of credit unions around the country, specifically regarding confusion over how the ADA applies to website accessibility. CUNA continues to evaluate lawsuits and engage with the Department of Justice.
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