University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Davis v. Keypoint Credit Union DR-CA-0022
Docket / Court 09-451050 ( State Court )
State/Territory California
Case Type(s) Disability Rights-Pub. Accom.
Case Summary
A California class action, filed May 7, 2009 alleges KeyPoint Credit Union, a 30-year-old institution, has 10 branches with 80,000 members, discriminates against deaf customers by refusing to accept relay calls. Disability Rights Advocates, on behalf of two hearing impaired Alameda County ... read more >
A California class action, filed May 7, 2009 alleges KeyPoint Credit Union, a 30-year-old institution, has 10 branches with 80,000 members, discriminates against deaf customers by refusing to accept relay calls. Disability Rights Advocates, on behalf of two hearing impaired Alameda County residents, contends the Silicon Valley-based credit union violates state and federal law for failing to accept calls made via communication-assisted devices.

Plaintiffs allege KeyPoint requires those who are hard of hearing to physically present themselves and two forms of identification at branches in order to receive information about their accounts and services because the credit union will not take the relay calls.

One named plaintiff claimed she could not receive information about an automobile loan financed through KeyPoint. Another likewise was told he had to come to the branch for information about services.

Telephone relay services allow those who have speech or hearing impairments to communicate in a manner that is functionally equivalent to the ability of those who do not have such impairment.

The Berkeley-based nonprofit law center alleged violations of the Unruh Civil Rights Act, Civ. Code Section 51; the Disabled Persons Act, Civ. Code Sections 54, 51; Section 504 of the Federal Rehabilitation Act of 1973, 29 U.S.C. 794(a); and California Govt. Code Section 11135.

The case was settled in December 2009. According to DRA's 2010 annual report, KeyPoint agreed to accept "relay" calls at its branch offices and customer service centers and provide disability awareness training to its staff. The settlement apparently had some open-ended terms, but set up compliance procedures for 18 months; the court retained jurisdiction through August 31, 2011. No subsequent activity appears on the docket.

Denise Heberle - 08/17/2012


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Issues and Causes of Action
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Issues
Defendant-type
Bank or credit provider
Disability
Hearing impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Access to public accommodations - privately owned
Other Banking
Phone
TTY/Close Captioning/etc.
Plaintiff Type
Private Plaintiff
Type of Facility
Non-government for profit
Causes of Action State law
Americans with Disabilities Act (ADA), 42 U.S.C. ยงยง 12111 et seq.
Defendant(s) KeyPoint Credit Union
Plaintiff Description Hearing-impaired customers of large California credit union.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Unknown
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Unknown
Source of Relief Settlement
Unknown
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2009 - 2011
Case Closing Year 2011
Case Ongoing No
Docket(s)
RG09451050 (State Trial Court) 12/24/2009
DR-CA-0022-9000.pdf | Detail
State Court Website
General Documents
Complaint 05/07/2009
DR-CA-0022-0001.pdf | External Link | Detail
News Release 05/07/2009
DR-CA-0022-0002.pdf | External Link | Detail
Order: Motion to Dismiss Granted [on settlement] 12/24/2009
DR-CA-0022-0003.pdf | Detail
Document Source: State Court Website
Judges Brick, Steven A (State Trial Court)
DR-CA-0022-0003 | DR-CA-0022-9000
Monitors/Masters None on record
Plaintiff's Lawyers Elsberry, Ronald (California)
DR-CA-0022-0001 | DR-CA-0022-0002 | DR-CA-0022-0003 | DR-CA-0022-9000
Paradis, Laurence W. (California)
DR-CA-0022-0001 | DR-CA-0022-0002
Defendant's Lawyers Simantov, Leora R. (California)
DR-CA-0022-0003 | DR-CA-0022-9000
Other Lawyers None on record

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