Removing Barriers Blog

Ohio Court Dismisses ADA Suit
Posted March 18, 2019 by CUNA Advocacy

In another litigation victory for credit unions, the U.S. District Court for the Southern District of Ohio dismissed a lawsuit filed against a federally-chartered credit union based in Dublin, Ohio. The lawsuit alleged the credit union’s website violated the Americans with Disabilities Act (ADA).  

CUNA and the Ohio Credit Union League filed an amicus brief in support of the credit union’s motion to dismiss. 

The plaintiff was not a member of the credit union, or eligible for membership in the credit union, but alleged standing based on the credit union’s participation in the Co-Op Shared Branch Network.  In addition, the plaintiff was seeking injunctive relief which required the injury to be likely to occur again in the future.  

In its opinion, the court ruled the plaintiff lacked standing to bring the suit against the credit union because, while the plaintiff had attempted to access the credit union’s website previously, the plaintiff made no allegations of an intent to visit the credit union’s website in the future and the court was unable to presume “present or future deterrence based on past deterrent effects.”  

CUNA and the leagues remain actively involved in defending credit unions facing frivolous ADA lawsuits, including in cases before both the Sixth and Seventh Circuit Court of Appeals.  In January 2019, credit unions saw a favorable ruling from the Fourth Circuit Court of Appeals. CUNA had filed an amicus brief in that case supporting the defendant credit union.