ABA Banking Journal
No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
SUBSCRIBE
ABA Banking Journal
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
No Result
View All Result
No Result
View All Result
Home Uncategorized

U.S. Supreme Court agrees to examine ADA standing for website testers

April 30, 2023
Reading Time: 2 mins read
U.S. Supreme Court agrees to examine ADA standing for website testers

Americans with Disabilities Act
Acheson Hotels, LLC v. Laufer
Date: March 30, 2023

Issue: Whether an Americans with Disabilities Act (ADA) plaintiff has Article III standing to sue a company without having any intention of patronizing the business.

Case Summary: The U.S. Supreme Court agreed to review whether an ADA tester has Article III standing to sue a company for violating the ADA if the tester has no intention of patronizing the company.

Deborah Laufer sued Acheson Hotels under the ADA, which requires hotel owners and operations to identify and describe accessible features of a hotel and guest rooms offered through its reservation services. Laufer is a self-proclaimed ADA “tester” who filed more than 600 ADA-related lawsuits in federal courts throughout the country since 2018. Testers often search for non-compliant websites and eventually file lawsuits in “plaintiff-friendly” jurisdictions. Under ADA regulations (28 C.F.R. § 36.302(e)(1)(ii)), hotels must provide information “in enough detail to reasonably permit individuals with disabilities to assess independently whether a given hotel or guest room meets his or her accessibility needs.” Laufer never intended to visit the hotel.

A Maine federal court dismissed the lawsuit against Acheson Hotels, concluding Laufer could not be injured by the absence of information on a website for a hotel she never planned to visit. On appeal, the First Circuit reversed. The First Circuit determined Laufer suffered a concrete injury in the form of alleged frustration and humiliation by not obtaining adequate information about whether the hotel could accommodate her.

In its certiorari petition, Acheson Hotels emphasized there is a circuit split on ADA standing. The First Circuit ruled Laufer had standing because of the alleged “informational injury” she sustained from the absence of accessibility information on the website. Similarly, the Eleventh Circuit ruled Laufer had standing because illegal discrimination is a concrete stigmatic injury. By contrast, the Second, Fourth, Fifth, Sixth, Seventh, and Tenth Circuits have rejected standing for visually impaired ADA “testers”. Acheson Hotels argued the case is jurisprudence and practical importance. According to Acheson Hotels, serial ADA tester litigation has become an industry where testers search for a given district for non-compliant businesses to sue. Courts have repeatedly and harshly criticized this litigation strategy as it clogs the courts with lawsuits and diverts focus from claims of plaintiffs who were actually harmed. Finally, Acheson Hotels urged the Court reject the theories of standing proposed by the First and Eleventh Circuits.

Bottom Line: Merits briefs for this case are due on June 17, 2023.

Documents: Petition

Tags: Banking Docket
ShareTweetPin

Related Posts

ABA files amicus brief urging U.S. Supreme Court to review First Circuit’s Conti decision on NBA preemption

ABA files amicus brief urging U.S. Supreme Court to review First Circuit’s Conti decision on NBA preemption

Uncategorized
April 1, 2026

ABA filed a coalition amicus brief urging the U.S. Supreme Court to review a First Circuit decision that ruled the National Bank Act did not preempt Rhode Island’s interest‑on‑escrow law.

BarterPay sues Deutsche Bank and Pathward over MATCH list placement and transaction laundering allegations

BarterPay sues Deutsche Bank and Pathward over MATCH list placement and transaction laundering allegations

Uncategorized
April 1, 2026

BarterPay sued Deutsche Bank AG and Pathward N.A., alleging that they improperly contributed to its placement on the MATCH list by asserting that its transactions constituted transaction laundering.

D.C. District Court grants Treasury Department summary judgment in DOGE data sharing lawsuit

D.C. District Court grants Treasury Department summary judgment in DOGE data sharing lawsuit

Uncategorized
April 1, 2026

A federal court in Washington, D.C., granted summary judgment to the Treasury Department in a lawsuit alleging it violated the Administrative Procedure Act by the Department of Government Efficiency to access sensitive Bureau of the Fiscal Service records.

Banking forward: What is top of mind for 2025? 

California court’s tentative decision rejects ‘rent-a-bank’ theory in OppFi lawsuit

Uncategorized
April 1, 2026

A California state judge preliminarily ruled that regulators cannot classify OppFi's partnership with FinWise Bank as an unlawful “rent-a-bank” scheme.

Proposed legislation would curtail trigger leads

Fourth Circuit sides with homeowners in lawsuit against LoanCare for interest overcharges

Uncategorized
April 1, 2026

Fourth Circuit panel revived a proposed class action by West Virginia homeowners against mortgage subservicer LoanCare LLC over alleged interest overcharges.

Tenth Circuit denies rehearing en banc in Custodia Bank’s lawsuit over master accounts

Tenth Circuit denies rehearing en banc in Custodia Bank’s lawsuit over master accounts

Uncategorized
April 1, 2026

On a 7-3 decision, the full Tenth Circuit denied rehearing of a three-judge panel decision ruling Federal Reserve banks may reject master account requests from otherwise legally eligible entities and that Reserve banks retain discretion over whether to...

NEWSBYTES

ABA DataBank: Average tax refunds are higher in 2026

April 3, 2026

ABA DataBank: March nonfarm payrolls exceeded expectations

April 3, 2026

Report: More than 10,000 veterans have lost homes since VA changes

April 2, 2026

SPONSORED CONTENT

Check Fraud Is Outpacing Legacy Controls. What Banks Should Evaluate Now.

Check Fraud Is Outpacing Legacy Controls. What Banks Should Evaluate Now.

April 1, 2026
How top agricultural lenders are approaching AI, automation and innovation in 2026

How top agricultural lenders are approaching AI, automation and innovation in 2026

March 2, 2026
Top 7 FP&A Trends in Banking for 2026

Top 7 FP&A Trends in Banking for 2026

March 1, 2026
How Instant Payments Can Accelerate B2B Payments Modernization

How Instant Payments Can Accelerate B2B Payments Modernization

February 3, 2026

PODCASTS

Podcast: Are credit union commercial loans risky business?

March 30, 2026

Podcast: Risk and strategy in sponsor banking

March 19, 2026

Podcast: From stablecoin to fraud, top takeaways from the 2026 ABA Summit

March 13, 2026

American Bankers Association
1333 New Hampshire Ave NW
Washington, DC 20036
1-800-BANKERS (800-226-5377)
www.aba.com
About ABA
Privacy Policy
Contact ABA

ABA Banking Journal
About ABA Banking Journal
Media Kit
Advertising
Subscribe

© 2026 American Bankers Association. All rights reserved.

No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive

© 2026 American Bankers Association. All rights reserved.