SCOTUS Punts On Whether ADA "Testers" Have Standing In Acheson v. Laufer

Seyfarth Synopsis: SCOTUS's refusal to clarify standing requirements for "tester" plaintiffs in ADA Title III lawsuits means it's business as usual for the plaintiffs' bar.

Yesterday, SCOTUS issued its decision in Acheson v. Laufer which – to the disappointment of private businesses and the defense bar – leaves unanswered the question of whether individuals who visit websites and businesses for no other reason than to evaluate their compliance with Title III of the ADA (i.e., so-called "testers") have standing to bring a lawsuit. While SCOTUS said it had the discretion to decide this very important question of tester standing, on which the U.S. Courts of Appeals are divided, it declined to do so because Laufer mooted the case by dismissing it at the District Court (along with all her other pending ADA Title III cases) after SCOTUS said it would review the case. At oral argument two months ago, Defendant Acheson had urged SCOTUS to decide whether Laufer had