CUNA, leagues back CU in ADA case w/ appellate level brief

December 20, 2018

CUNA joined the Illinois and Wisconsin Credit Union Leagues to file a brief Thursday in the U.S. Court of Appeals for the 7th Circuit in support of a credit union facing a lawsuit due to uncertainty with the Americans with Disabilities Act (ADA). The brief is the latest in CUNA/league advocacy efforts to defend credit unions, and the second one filed at the appellate level, which would provide binding precedent in the 7th circuit.

“CUNA and the leagues are continuing their aggressive advocacy on behalf of credit unions that are being hit with predatory lawsuits due to uncertainty with how the ADA applies to websites,” said CUNA President/CEO Jim Nussle. “We feel this case could be an important milestone in our push back against these lawsuits that are exploiting a law designed to protect disabled Americans.”

CUNA’s primary arguments in the case, Carello v. Aurora Policemen CU are:

  • That the appellant lacks standing, and had not suffered concrete and particularized harm because he does not meet the eligibility requirements to become a member Aurora Policemen FCU;
  • A website is not a place of public accommodation, and therefore the ADA does not apply; and
  • 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.

CUNA consulted with all state leagues in the 7th Circuit Court’s jurisdiction when preparing its brief.