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 punts on ADA tester lawsuit, but emphasizes issue is “very much alive”

January 2, 2024
Reading Time: 3 mins read

Americans with Disabilities Act
Acheson Hotels v. Laufer
Date: Dec. 5, 2023

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

Case Summary: The U.S. Supreme Court dismissed an ADA tester as moot, but emphasized the circuit split over whether “testers” have standing “is very much alive.”

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 noncompliant websites and eventually file lawsuits in “plaintiff-friendly” jurisdictions. Under the reservations rule of the 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 lack of information on a website for a hotel she never planned to visit. On appeal, the First Circuit reversed, ruling 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. 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. ABA and a group of trades (Amici) filed an amicus brief urging the Supreme Court to rule ADA testers do not have Article III standing to sue. Amici argued serial tester plaintiffs have generated a surge in ADA litigation, attorney-driven tester cases harm small businesses, and many tester cases clash with Article III’s personal-injury requirement.

After the Supreme Court granted review, a Maryland federal court suspended Laufer’s lawyer, Tristan Gillespie, from practicing law. Gillespie allegedly defrauded hotels by submitting inaccurate requests for attorneys’ fees. Following the suspension, Laufer voluntarily dismissed her pending suits with prejudice, and filed a suggestion of mootness before the Supreme Court. In response, Acheson Hotels urged the Court to resolve the circuit split. It explained the “standing issue might not come back anytime soon” because hotels would be reluctant to request Supreme Court review if a plaintiff can evade review by abandoning a claim.

In a unanimous decision written by Justice Amy Coney Barrett, the U.S. Supreme Court ruled the case was moot after Laufer voluntarily dismissed her pending suits. At the same time, the Court emphasized the circuit split created by Laufer was “very much alive.” In previous cases, the Second, Fifth, and Tenth Circuits held that she lacked standing to sue, while the First, Fourth and Eleventh Circuits held that pled standing. While the Court was sensitive to Acheson’s concern about litigants manipulating the jurisdiction of the Supreme Court, the Court explained it was “not convinced Laufer abandoned her case in an effort to evade” the Court’s review. Still, the Court noted it may “exercise its discretion differently in a future case.”

In concurrence, Justice Clarence Thomas explained he would have addressed the question of whether plaintiffs such as Laufer have standing to sue. Justice Thomas also theorized that the circumstances of Laufer’s withdrawal “strongly suggest strategic behavior on Laufer’s part” because Gillespie did not represent Laufer in her lawsuit against Acheson. In a second concurring opinion, Justice Ketanji Brown Jackson questioned the Court’s decision to vacate the First Circuit’s decision. According to Justice Jackson, “mootness and vacatur are distinct concepts.” Justice Jackson emphasized the parties did not provide any equitable basis for vacatur of the First Circuit’s decision. Justice Jackson therefore did not agree with imposing a vacatur remedy.

Bottom Line: With the Supreme Court declining to address tester standing, the issue and broad circuit split remains open.

Documents: Opinion

Tags: Banking Docket
ShareTweetPin

Related Posts

Compliance question of the month: February 2025

Compliance question of the month: June 2026

Uncategorized
June 8, 2026

My bank offers a consumer checking account product titled "Free Checking." This product currently has no maintenance or activity fees, and no minimum balance or transaction requirements. The bank is considering adding a nominal monthly paper statement fee...

Recent news from Treasury’s Office of Foreign Assets Control: April 5

Recent news from Treasury’s Office of Foreign Assets Control: June 8

Uncategorized
June 8, 2026

News items that are the most recent sanctions-related actions from the Office of Foreign Assets Control.

Fed report: Banking system remains strong, assessing of fintech risk ramps up

ABA files amicus brief urging Second Circuit to review Fed board’s denial of Canandaigua’s Cash Guarantee Mortgage Program

Uncategorized
June 2, 2026

ABA filed a coalition amicus brief urging the Second Circuit to review the Fed board's decision denying Canandaigua National Corporation’s application to offer its Cash Guarantee Mortgage Program.

Eleventh Circuit determines Chase not liable in Fair Credit Reporting Act lawsuit

ABA files amicus brief urging Third Circuit to review TransUnion class certification ruling

Uncategorized
June 2, 2026

ABA filed a coalition amicus brief urging the Third Circuit to grant TransUnion LLC’s petition to review a district court decision that certified a class action alleging it violated the FCRA by failing to immediately block allegedly fraudulent...

Second Circuit rules Federal Reserve Act does not require Federal Reserve Banks to grant master account

Second Circuit rules Federal Reserve Act does not require Federal Reserve Banks to grant master account

Uncategorized
June 2, 2026

In a unanimous decision, a Second Circuit panel affirmed that banks do not have a statutory right to Federal Reserve master accounts.

Third Circuit affirms dismissal of BIPA claims against Amazon and Pindrop

Third Circuit affirms dismissal of BIPA claims against Amazon and Pindrop

Uncategorized
June 2, 2026

In a unanimous decision, a Third Circuit panel affirmed dismissal of a class action against Amazon Web Services Inc. and Pindrop Security Inc., holding that Pindrop qualifies as a financial institution exempt from BIPA claims related to biometric...

NEWSBYTES

ABA DataBank: A tale of two cabins

June 12, 2026

ABA urges OCC to coordinate with other regulators on stablecoin

June 12, 2026

ABA DataBank: Preliminary consumer sentiment rebounds slightly in June

June 12, 2026

SPONSORED CONTENT

Why Your Systems Keep Slowing Down — and What to Do About It

Examiners Are Now Looking at Your Non-Core Systems

June 11, 2026
Your Floorplan Audit and Your Credit Decision Are Weeks Apart. That Gap Has a Price.

Your Floorplan Audit and Your Credit Decision Are Weeks Apart. That Gap Has a Price.

June 1, 2026
A Modern Blueprint for Serving High-Net-Worth Families

A Modern Blueprint for Serving High-Net-Worth Families

May 28, 2026
Why Your Systems Keep Slowing Down — and What to Do About It

AI Is in Your Bank. Is Your Cloud Contract Governing It?

May 20, 2026

PODCASTS

Podcast: Understanding bank regulators’ guidance on illegal immigration

June 11, 2026

Podcast: Creating a feeling of welcome, for customers and new bankers

May 28, 2026

Podcast: How consumer deposits drive full relationship banking

May 14, 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.