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Latest round filed in Pa. FOM lawsuit
WASHINGTON (12/5/07)—Credit union parties involved in a bankers’ lawsuit against the National Credit Union Administration (NCUA) filed a court document Tuesday that outlined the regulator’s process in a contested field-of-membership decision to show it was methodical and well-considered. The document argued against a recent motion by banking plaintiffs that seeks a summary judgment against the NCUA. That action would invalidate the agency’s decision to grant community charters to the following Pennsylvania credit unions: Members 1st FCU, New Cumberland FCU, and Americhoice FCU. The bankers' case was brought earlier this year in the name of the American Bankers Association and a group calling itself the Credit Union Task Force of Pennsylvania. The litigation challenges NCUA's determination that a six-county area in south central Pennsylvania constitutes a "well-defined local community" under the Federal Credit Union Act. Citing the years-long Members 1st pursuit of approval for a community charter, CUNA argued that many modifications and revisions were made to the credit union’s original request. The deliberate process, CUNA argued, shows that the NCUA’s decision was careful and studied and therefore refutes the bankers’ charges of arbitrary action. The CUNA court document was filed in cooperation with the Pennsylvania Credit Union Association, the affected credit unions, and the National Association of Federal Credit Unions. The credit union document also criticized what it called an attempt by the banker plaintiffs to “make their weak case appear stronger” by improperly submitting new material after the court had announced it would rule based on the administrative record associated with the NCUA’s actions. The case is before the U.S. District Court for the Middle District of Pennsylvania.


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