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Removing Barriers Blog

Texas ADA Suit dismissed 8 Days after CUNA and Cornerstone Submit Brief
Posted March 02, 2018 by CUNA Advocacy

A frivolous lawsuit against Houston-based BCM Federal Credit Union was voluntarily dismissed with prejudice Thursday just eight days after CUNA and the Cornerstone Credit Union League filed a brief supporting BCM's motion to dismiss the case. Similar predatory lawsuits have detrimentally affected credit unions alleging non-compliance with the Americans with Disabilities Act. CUNA has engaged its 360-advocacy to find a solution in the legal, political and regulatory arenas.

 “We are glad to see that the plaintiff today voluntarily dismissed this frivolous federal lawsuit against BCM Federal Credit Union alleging website inaccessibility under the ADA, only days after CUNA and the Cornerstone Credit Union League weighed in supporting the credit union,” said CUNA President/CEO Jim Nussle. “This week more than 5,200 credit union leaders traveled to Washington, D.C. and highlighted the harm this meritless litigation is causing to their members, when the pooled resources of the membership are being extracted for plaintiffs’ attorneys.” 

"We are proud to work with CUNA and Cornerstone to demonstrate that there is no basis to bring these lawsuits in federal court. These suits do not benefit the disabled and pose a threat to a variety of businesses throughout the United States," said Michael Pryor, shareholder at Brownstein Hyatt Farber Schreck.

"Today, Cornerstone’s aggressive response in the face of these predatory ADA lawsuits has paid off in a big way," said Cornerstone Credit Union League President/CEO Caroline Willard. 

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.

CUNA also joined the Illinois Credit Union League this week in filing a brief in another frivolous ADA suit.