"It is the plaintiff's burden to show that he is suffering a concrete and particularized, actual or imminent invasion of his personal interests, which would be resolved by a judgement in his favor," the court said.

Northwest FCU has $3.3 billion in assets and about 251,000 members. It did not immediately respond to a request for comment.

John Bredehoft is an attorney with Kaufman & Canoles, which represents the credit union. "We are pleased that the court dismissed the case, of course, but we are particularly pleased that Judge Hilton recognized that credit unions are different, due to the field of membership requirement, from other institutions who are required to serve all comers," he told CU Times.

Richard Hunt, a Dallas attorney who specializes in ADA litigation, said the decision will be helpful for credit unions and other organizations with limited membership because it confirms that standing depends on use.

"The court's holding that a website is not a public accommodation runs counter to the current trend of cases holding that websites associated with physical facilities must be accessible because they are a service of the public accommodation," he noted. "Membership organizations have won a significant victory, but it probably will not have much influence on brick-and-mortar businesses whose doors and websites are open to the general public."

"This Virginia court decision is the first really welcome infusion of common sense that we can use as a legal foothold to stem the tide of these lawsuits," said Chad Heckman, who is a Florida attorney at Heckman Law Group, which represents financial institutions." I'm hopeful this decision and the reasoning in it, although brief, are going to be adopted elsewhere in the country. But it's too early to tell."

NAFCU, which filed an amicus brief with the Virginia District Court in support of the credit union, celebrated the case's dismissal. 

"Credit unions, banks and other entities have faced a rash of lawsuits in the past year related to website accessibility. NAFCU and its members strongly support the protections of the ADA and efforts to ensure individuals with disabilities are not discriminated against and have equal access to financial services. However, this is best achieved through clear guidance and standards for website compliance, not through meritless and costly lawsuits," it said.

"NAFCU is thrilled that the court agreed that there was no reason to sue our member here," NAFCU President and CEO Dan Berger added. "We will continue to stand with our members in this fight." 

CUNA also weighed in. "This decision confirms what we've been saying all along – these suits are predatory and frivolous. But the work is not done: this case could be appealed. Other cases are pending. The regulatory requirements are not clear," CUNA President and CEO Jim Nussle said in a statement.