Removing Barriers Blog

CUNA and Cornerstone Credit Union League File Motion to Defend Credit Union
Posted February 22, 2018 by CUNA Advocacy

Late last night, CUNA and the Cornerstone Credit Union League filed a motion for leave to file a brief supporting the BCM Federal Credit Union that is facing a frivolous lawsuit alleging website noncompliance under the ADA.  The brief supports the Houston-based credit union’s motion to dismiss the lawsuit brought against it. 

Credit unions are being hit with virtually identical frivolous lawsuits from plaintiffs' firms exploiting a law designed to protect those with disabilities.  CUNA anticipates taking similar actions in several cases 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.  

The primary arguments of the joint brief are:
 

  • 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; and  
  • The court should dismiss the complaint pursuant to the Primary Jurisdiction Doctrine. 

CUNA continues to work to create or defend favorable precedent in each impacted state as the litigation begins to move through different stages. 

CUNA has been employing 360 degree Advocacy to curb frivolous and predatory litigation under the ADA.  In the last several weeks CUNA has:  

CUNA continues to engage with Congress and the Department of Justice, and to work with like-minded stakeholders facing similar waves of predatory litigation alleged under the American with Disabilities Act.