Court dismisses ADA suit targeting Dept. of Labor FCU

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A federal district court in Virginia this morning dismissed a lawsuit targeting Department of Labor Federal Credit Union, alleging the credit union’s website violated the Americans with Disabilities Act.

The court found the plaintiff did not have the standing to sue the credit union, as he was not eligible for membership and would not likely utilize the CU’s services.

The National Association of Federally-Insured Credit Unions "is pleased to see another lawsuit dismissed as the court agreed the plaintiff had no reason to sue our member," NAFCU President and CEO Dan Berger said in a statement. "We have actively defended our members in this fight for months, and will continue to do so as long as these meritless lawsuits continue."

This is the second time this year a NAFCU member credit union has had an ADA suit dismissed on the grounds that the plaintiff had no standing to sue.

ADA suits continue to plague credit unions, and frequently small institutions. In the last two weeks, state leagues in Michigan and Texas, along with the Credit Union National Association, have filed amicus briefs in support of CUs plagued by such suits. Those briefs also allege the plaintiffs have no standing to sue.

Credit unions, banks and other entities continue to face legal battles tied to the ADA and website accessibility. CU trade associations often support them in those battles, but the pace of the litigation has not slowed down.

As reported in Credit Union Journal, pressure from the credit union trade groups may be beginning to pay off. A House member from Georgia last week pledged to work with CUs as the House approved the ADA Education and Reform Act (H.R. 620). NAFCU noted that it has also worked with a variety of stakeholders on the issue, including the Department of Justice, in order to clarify regulatory standards for websites.

DOJ is currently evaluating a request from more than 60 members of Congress to provide clarity on how ADA rules apply to websites.

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ADA Dan Berger NAFCU Virginia