Removing Barriers Blog

CUNA and the Ohio Credit Union League File Amicus in Support of Dover-Phila FCU
Posted March 06, 2018 by CUNA Advocacy

CUNA and the Ohio Credit Union League filed an amicus brief supporting Dover-Phila Federal Credit Union, who is facing a frivolous lawsuit alleging non-compliance with website accessibility standards under the Americans with Disabilities Act (ADA). This is the latest of multiple briefs CUNA has filed in conjunction with state leagues in similar cases.

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

Hundreds of credit unions around the country are facing similar lawsuits as a result of confusion over how the ADA applies to websites. CUNA has made finding a solution a top priority, and in addition to its legal advocacy, is pursuing solutions in the regulatory and legislative arenas.

Last week, CUNA and the Illinois Credit Union League filed an amicus in support of Aurora Policeman Credit Union.  The week before, CUNA and the Cornerstone League filed an amicus brief in support of BCM Federal Credit Union and the case was dismissed eight days after the brief was filed.

CUNA also has compliance resources available for member credit unions, designed to help them ward off legal threats.