"Testers" May Still Have Standing To File Web Accessibility Lawsuits

On December 5, 2023, just two months after oral argument, the Supreme Court of the United States issued its decision in Acheson v. Laufer. While it was expected that the Supreme Court would find the matter moot, it was hoped that the Court might resolve a circuit split regarding whether "testers" have Article III standing to challenge a public accommodation's failure to provide disability accessibility information on its website (where the tester lacks an intention to visit the accommodation).

As feared, following the oral argument, the Court merely dismissed the case underlying the writ as moot. The Court did, however, remand and vacate the First Circuit ruling so that the underlying decision granting standing is no longer dispositive. Reserving judgment on the issue of tester standing for future cases, the Supreme Court essentially preserved the uncertainty created by holdings in the circuit courts. Nevertheless, in a concurring opinion, Justice Clarence Thomas