Credit Union National Association (CUNA) is partnering with the Illinois and Wisconsin Credit Union Leagues to fight a lawsuit against a credit union related to the Americans with Disabilities Act (ADA).
The organizations filed a brief this week in the U.S. Court of Appeals for the 7th Circuit in support of the credit union that’s being sued in the case, Carello v. Aurora Policemen CU. The suit is over uncertainty in how the ADA applies websites.
“CUNA and the leagues are continuing their aggressive advocacy on behalf of credit unions that are being hit with predatory lawsuits due to uncertainty with how the ADA applies to websites,” CUNA President and CEO Jim Nussle said. “We feel this case could be an important milestone in our push back against these lawsuits that are exploiting a law designed to protect disabled Americans.”
CUNA and the other organizations argue that the appellant had not suffered “concrete and particularized harm because he does not meet the eligibility requirements to become a member Aurora Policemen FCU.” Further, they argue that a website is not a place of public accommodation, and therefore the ADA does not apply. In addition, they contend that 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.