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Cornerstone and CUNA File Brief in Support of Credit Union's Motion to Dismiss in ADA Website Lawsuit
Friday, February 23, 2018 6:55 AM

Yesterday, Cornerstone Credit Union League, in partnership with the Credit Union National Association, filed an amicus brief supporting a motion to dismiss the frivolous Americans with Disabilities Act (ADA) website lawsuit filed against BCM FCU in the northern district of Texas, Dallas Division.

“We continue to see additional demand letters alleging illegitimate claims," said Cornerstone SVP Regulatory Compliance Counsel Suzanne Yashewski. "A favorable ruling in this case will benefit credit unions in the Cornerstone region and across the country."

The brief supports the credit union’s motion to dismiss based on the following claims: 

  • The plaintiff, a California resident, lacks standing to file a 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; and
  • The court should dismiss the complaint pursuant to the Primary Jurisdiction Doctrine.

View a copy of the brief.

"Cornerstone and CUNA stand with credit unions as a united front against frivolous lawsuits that exploit the law designed to protect those with disabilities," said Cornerstone President and CEO Caroline Willard. "Cornerstone remains vigilant in addressing the threats to credit unions and urges members of Congress to eliminate confusion over how the ADA applies to website accessibility."

Member credit unions that have received demand letters or have been served with a lawsuit are encouraged to contact Suzanne directly to determine how Cornerstone may assist at syashewski@cornerstoneleague.coop or 512-853-8516.

Cornerstone extends thanks to CUNA and the law firm of Brownstein Hyatt Farber Schreck, LLP for their assistance in drafting the brief in support of credit unions.