Late Tuesday a lawsuit against Aurora-based Aurora Policeman CU (APCU) was dismissed by Judge Thomas M. Durkin of the U.S. District Court for the Northern District of Illinois for lack of standing. Similar predatory lawsuits have detrimentally impacted credit unions nationwide alleging non-compliance with the Americans with Disabilities Act (ADA).
The Illinois Credit Union League (ICUL) and the Credit Union National Association (CUNA) joined together to defend APCU by filing a joint amicus curiae brief in support of the credit union’s motion to dismiss the complaint. APCU was one of many credit unions in Illinois and across the country that received a demand letter threatening litigation or has been sued for alleged non-compliance with the ADA.
“Credit unions around the country are facing frivolous lawsuits due to uncertainty regarding how the ADA applies to websites. CUNA has deployed its 360-degree advocacy to find a solution, and this latest dismissal is a promising victory on the legal front,” said CUNA President/CEO Jim Nussle. “As we continue our work in the courts, we’re also engaged with policymakers in Congress and the Department of Justice to find a permanent solution to this exploitation of a law designed to protect disabled Americans.”
This latest ruling is one of many favorable decisions from federal courts this year dismissing meritless claims regarding ADA website compliance. ICUL and CUNA will continue to work with Congress and the Department of Justice to prospectively address the ambiguity in current law regarding the applicability of the ADA to websites in hopes of preventing further unwarranted threats against credit unions.
“We are grateful for the court’s favorable ruling in this matter,” said Tom Kane, President and CEO of the Illinois Credit Union League. “Credit unions are greatly supportive of members with disabilities, however, these nuisance lawsuits are simply a brazen attempt by an out-of-state law firm to game the legal system to make money. It is reassuring to see that this scheme will not work in Illinois and ICUL and CUNA are committed to defend credit unions against unfounded accusations like the claims in this lawsuit.”
In addition to this case, CUNA has joined with leagues to file briefs in two Alabama cases, in Illinois, as well as additional cases in Texas and Ohio, supporting credit unions on those states. The earlier Texas case was dismissed shortly after CUNA and the league filed their brief.