Credit Union National Association (CUNA) partnered with the Illinois and Wisconsin Credit Union Leagues to continue its aggressive nationwide defense of credit unions facing frivolous lawsuits. The organizations filed 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).
“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.”
The primary arguments found 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.