CUNA and LSCU File Amicus Brief in Support of The Infirmary FCU
Friday, March 30, 2018 8:05 AM

CUNA and the League of Southeastern Credit Unions and Affiliates (LSCU) filed a brief in support of a credit union facing a predatory lawsuit alleging noncompliance with the Americans with Disabilities Act (ADA). The brief was filed in Scott v. The Infirmary FCU in the U.S. District Court for the Southern District of Alabama.

“This brief was filed by CUNA and LSCU to continue our aggressive defense of credit unions hit with predatory lawsuits from plaintiffs’ attorneys looking to exploit a law that protects disabled Americans,” said CUNA President/CEO Jim Nussle. “Credit unions unfortunately continue to see a string of meritless lawsuits taking advantage of ambiguities about what is required for website accessibility. In our brief, CUNA once again highlights that credit unions need clarity beyond a private industry standard and deserve due process.”

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; and
  • The court should dismiss the complaint pursuant to the Primary Jurisdiction Doctrine. [Read more here]

Source:  CUNA Advocacy