Summary
The Fourth Circuit held that a disabled "tester" plaintiff had Article III standing to sue a hotel under Title III of the ADA based on an informational injury—the failure of the hotel's reservation websites to provide required accessibility information under 28 C.F.R. § 36.302(e)—even without any intent or need to book a room. Relying on *Havens Realty*, *Public Citizen*, and *Akins*, the court ruled that the denial of statutorily required information is a concrete, particularized injury, and that *TransUnion* did not overrule those precedents. The decision deepens a circuit split on whether ADA website testers must allege an intent to use the defendant's services to establish standing.
Topics
Practice areas
Questions Presented
- Whether Laufer has Article III standing to sue based on an informational injury from the hotel's failure to provide accessibility information on reservation websites.
Holdings
- Laufer's allegation of an informational injury accords her Article III standing to sue Naranda — whether or not she ever had a definite and credible plan to travel to the Baltimore area.
Key quotations
“we conclude that Laufer’s allegation of an informational injury accords her Article III standing to sue Naranda — whether or not she ever had a definite and credible plan to travel to the Baltimore area.” (at 20)
“we vacate the judgment of the district court and remand for such other and further proceedings as may be appropriate.” (at 34)
“Laufer has alleged all that she needs to: that she has 'fail[ed] to obtain information which must be publicly disclosed pursuant to a statute.'” (at 18)
Factual background
Laufer, a disabled tester, visited third-party hotel reservation websites for Naranda's hotel in Baltimore. She alleged that the websites did not allow reservation of accessible rooms or provide sufficient accessibility information, violating the ADA's Hotel Reservation Regulation. She had no definite travel plans to Baltimore.
Procedural history
The district court dismissed Laufer's ADA claim for lack of Article III standing, following local precedents. Laufer appealed.
Remand instructions
for such other and further proceedings as may be appropriate.