ADA Compliance and Tester-Driven Class Actions: Examining the High-Stakes Supreme Court Case

Earlier this week, the US Supreme Court heard oral argument in Acheson Hotels, LLC v. Laufer, a case that’s been widely discussed in many legal circles. The hearing materializes after months of speculation about whether it would indeed take place, with Laufer urging the Court to dismiss the case as moot following the voluntary dismissal of her own claims in July 2023.

This case is situated at the intersection of class actions and the Americans with Disabilities Act (ADA), it grapples with the legal question of whether ‘testers’ have the right to bring website accessibility ADA class actions under Article III of the US Constitution.

Testers, in this context, refer to individuals or entities that carry out acts to determine if a business or establishment is compliant with certain regulations and requirements – in this case, website accessibility under the ADA. The argument centers around whether these testers, who may not have direct personal injury claims, but merely seek to test compliance, have the legal standing to bring class action suits under the aforementioned Article III.

To give more context, this case became a point of interest for many legal practitioners following the Supreme Court’s decision to grant Acheson Hotels’ petition for a writ of certiorari in March 2023. However, the tides seemed to change when Laufer sought the voluntary dismissal of her claims, urging the Court to deem the case as moot. This move by Laufer, while strategic, was subject to much debate within the legal fraternity.

The outcome of the Supreme Court’s decision in this case could have far-reaching implications for website owners and operators who must ensure ADA compliance and could potentially face class action lawsuits. As such, corporate legal teams and law firms across the globe are closely observing the proceedings.

The Acheson Hotels, LLC v. Laufer case continues to stir up legal debates against the backdrop of crucial discussions around accessibility rights and class action suits. For a more detailed account of the case and its implications, you can find the full coverage here.