Family First Credit Union fights back against ADA website suit

The Credit Union National Association and Georgia Credit Union Affiliates have filed an amicus brief in defense of Family First Credit Union of Hapeville, Ga., the two groups announced Wednesday.

The $99 million-asset credit union has been sued by a plaintiff alleging the CU’s website is not compliant with the Americans with Disabilities Act. As Credit Union Journal has reported, over the past year numerous credit unions across the country have received demand letters threatening litigation or been sued for alleged non-compliance with the ADA.

CUNA and the GCUA said this week’s brief on behalf of Family First CU is part of an ongoing “aggressive, nationwide defense of credit unions facing frivolous lawsuits.”

The two trade association said the primary arguments found in their joint amicus 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.
  

“The Georgia Credit Union League will do all it can to support and assist Georgia credit unions that have decided to push back against frivolous ADA demand letters,” said Mike Mercer, president and CEO of the Georgia Credit Union League. “By addressing these demand letters with litigation, we are seeking a favorable ruling to set precedent for credit unions and move toward a framework of clear guidelines that will put an end to threats by predatory litigators. Along with other state leagues and CUNA, we continue to explore opportunities to leverage all legal, legislative and regulatory means to prevent the exploitation of the Americans with Disabilities Act in this manner.”

Jim Remington

“We are proud to work with the Georgia Credit Union League to demonstrate there is no standing to bring this lawsuit,” Jim Nussle, CUNA’s president and CEO, said in a statement. “Meritless litigation comes at the direct expense of credit union members and does not advance the spirit of the ADA. CUNA and the leagues will continue to support credit unions affected by frivolous lawsuits and demand letters.”

Ongoing issue with ADA website lawsuits

As Credit Union Journal has reported, website accessibility and the ADA have become an area of protracted conflict for credit unions. Both major national CU trade groups have been busy filing amicus briefs in courts, while at the same time lobbying the federal government to close a legal loophole that has allowed a law firm to generate hundreds of demand letters.

In addition to this case, CUNA has joined with leagues to file briefs supporting credit unions in two Alabama cases, plus cases in Texas and Ohio. An earlier Texas case was dismissed shortly after CUNA and the Cornerstone League filed their joint brief.

In Washington state, BECU recently reached a settlement with the National Federation of the Blind in a matter that avoided litigation.

Just last month, the plaintiff in an ADA website lawsuit against a Houston-based credit union voluntarily dismissed the case, and a lawsuit against $17 million Aurora Policeman Credit Union, Aurora, Ill., was dismissed for lack of standing.

In late July, a group of 19 state attorneys general sent a letter calling on the Department of Justice to help credit unions in the fight against frivolous lawsuits by providing clear guidance.

For more of CU Journal’s coverage on this topic, click here.