CUNA, MCUL Defend CUs Against Frivolous ADA Lawsuits

CUNA and the Michigan Credit Union League (MCUL) filed two amicus briefs Tuesday in support of credit unions hit with frivolous lawsuits claiming violations of the Americans with Disabilities Act (ADA). CUNA and the MCUL filed briefs in the Sixth Circuit Court of Appeals in support of two credit unions both of which are being sued by the same plaintiff.

Credit unions around the country are facing lawsuits due to uncertainty over how the ADA applies to Web sites, and CUNA has made finding a solution a top focus of its legal, regulatory and legislative advocacy work.

“CUNA has chosen to strategically focus on specific cases that will serve as important milestones in our defense of credit unions being hit with these predatory lawsuits, and this appellate-level case is one we feel that CUNA and league support can help set binding precedent,” said CUNA President/CEO Jim Nussle. “We’re encouraged by our victory at the appellate level this month and will continue our work with the leagues to ensure credit unions aren’t harmed by lawsuits taking advantage of a law that protects disabled Americans.”

CUNA achieved an appellate-level victory in the 4th Circuit in January, as Griffin v. DOL FCU was dismissed. The plaintiff in that case was ineligible to join the credit union.

The two briefs filed by CUNA and MCUL argue that the plaintiff lacks standing to join the credit unions in question, and therefore cannot suffer harm by being deprived of services. The briefs cite the CUNA victory in the Fourth Circuit Court of Appeals.

CUNA and the state leagues continue to advocate for the Department of Justice (DOJ) to re-open the rulemaking on ADA Web site compliance. The issue was front and center during the NJCUL’s Hike-the-Hill meetings during GAC its in-district recess meetings with members of the New Jersey delegation, and it fall Hike the Hill in December. Rep’s Frank LoBiondo (R-2), Tom MacArthur (R-3), Leonard Lance (R-7) and Bill Pascrell, Jr. (D-9) signed a U.S. House letter to Attorney General Jeff Session in June and Rep. Bonnie Watson Coleman (D-12) added her name to a similar letter in October 2017.