Sixth Circuit Holds Nonmember of Credit Union Lacks Standing to Bring ADA Claim Based on Allegedly Inaccessible Website
September 5, 2019
Authored by: Rodney Page, Merrit Jones, Daniel Rockey, Heather Goldman and Steven Stimell
In Brintley v. Aeroquip Credit Union et al., Case Nos. 18-2326/2328 (August 8, 2019), the Sixth Circuit Court of Appeals issued an order dismissing an Americans with Disabilities Act (“ADA”) claim alleging that the defendant credit union’s website was not accessible to the blind. The Court of Appeals reversed the trial court’s decision allowing the case to proceed, finding that Brintley had failed to allege either that she was eligible for membership in the credit union or had a present intent to make herself eligible, and therefore lacked standing. In so doing, the Court joined two other appellate courts that have similarly held that an individual who is ineligible for membership in a credit union fails to allege an injury in fact despite alleging visits to an inaccessible website.
Bryan Cave Leighton Paisner has extensive experience defending companies against website accessibility claims and regularly offers webinars on the topic to assist our clients in assessing compliance with the ADA. If you would like to schedule a similar webinar or presentation, or for more information on website accessibility or defending against such claims, please contact any of the attorneys listed.