Georgia Credit Union Affiliates partnered with the Credit Union National Association to support a Georgia credit union facing an Americans with Disabilities Act lawsuit.
GCUA and CUNA filed a brief Tuesday to show their support of Family First Credit Union in Hapeville, which has been sued by a plaintiff alleging website noncompliance with the Americans with Disabilities Act.
“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.”
The primary arguments found in the joint Amicus brief from CUNA and GCUA include:
- The plaintiff lacks standing to file suit against the credit union
- A website is not a place of public accomodation
- 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
Credit unions around the country are facing lawsuits due to confusion over ow the ADA applies to websites.
“We are proud to work with the Georgia Credit Union League to demonstrate there is no standing to bring this suit,” said CUNA president and CEO Jim Nussle. “Merit-less 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.”