CUNA and Cornerstone take legal action in Texas ADA case

Credit Union National Association and Cornerstone Credit Union Association last night filed an amicus brief supporting a credit union in Texas that’s facing a frivolous lawsuit alleging website noncompliance under the Americans with Disabilities Act (ADA).

"CUNA and Cornerstone Credit Union Association are fighting back against an unscrupulous lawsuit alleging website noncompliance under ADA," said President/CEO Jim Nussle. "Credit unions are being hit with virtually identical lawsuits from plaintiffs' firms exploiting a law designed to protect those with disabilities. We intend to take similar action with the Illinois Credit Union League soon in a case against an Illinois credit union and anticipate engaging in several cases around the country in the coming weeks to maximize our impact on behalf of all credit unions and to ensure we preserve our arguments for any litigation that makes it to the appellate level."

In the joint Amicus brief, CUNA and the Cornerstone Credit Union Association support BCM Federal 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 partners with state leagues to represent and address local concerns, while also working on the national level to look at this issue holistically. Last week Rep. Rod Woodall (R-Ga.) pledged to work with credit unions as the House approved the CUNA-backed ADA Education and Reform Act (H.R. 620). The bill proposes a solution to lawsuits that target businesses' physical structures and ultimately take advantage of the disabled. The Department of Justice is also evaluating a request made by 61 members of Congress seeking clarity on how ADA rules apply to websites. CUNA and the state Leagues continue to evaluate similar lawsuits around the country and continues its engagement with the Department of Justice.