Navigating ADA “Tester” Lawsuits: What Business Owners Need to Know

Key Takeaways

• “Tester” lawsuits are on the rise: Individuals visit businesses solely to look for ADA violations, often without any intent to purchase or use the services of a business.
• Liability exists regardless of intent: Even questionable claims can result in costly legal exposure if accessibility violations exist.
• Proactive compliance is the best defense: Regular accessibility audits, employee training, and documentation of remediation efforts can prevent or quickly resolve claims.
• Consult legal counsel immediately if served: Respond strategically to demand letters or lawsuits—never ignore or self-handle ADA-related claims.

Across the country, businesses are increasingly facing lawsuits filed by so-called “testers”—individuals who visit properties or websites not as customers, but to identify alleged violations of the Americans with Disabilities Act (ADA). These plaintiffs then file accessibility lawsuits, often in bulk, claiming that the business has failed to comply with ADA standards.

While many ADA claims promote accessibility and inclusion, others appear designed primarily to generate attorney fees or quick settlements. Understanding your rights and responsibilities is essential if your business is targeted by a “tester” claim.

What Is a “Tester”?

A “tester” is someone who visits a property or business location for the sole purpose of checking ADA compliance, rather than purchasing goods or services.

If a tester identifies what they believe to be a violation—such as inaccessible parking, improper signage, or a noncompliant website—they may file a lawsuit under Title III of the ADA, which governs public accommodations.

Although federal ADA claims generally allow only injunctive relief (an order to fix the violation) and attorneys’ fees, and many states have companion laws permitting monetary damages, which has fueled a wave of serial litigation.

Recent Legal Developments

The courts remain divided on whether testers have the legal right (“standing”) to sue businesses they never intended to patronize.

In 2023, the U.S. Supreme Court considered Acheson Hotels, LLC v. Laufer, a case involving a tester who sued hotels for allegedly inaccessible websites despite having no intent to stay at them. Although the Court dismissed the case, several Justices suggested a willingness to revisit whether testers have standing under the ADA.

Until clearer guidance emerges, businesses may continue to face these claims—especially in jurisdictions historically favorable to tester lawsuits.

Responsibilities of Business Owners

Whether or not a tester’s claim seems legitimate, all businesses open to the public have a legal obligation to ensure ADA compliance. This includes:

• Accessible parking and building entrances
• Properly designed and maintained restrooms and pathways
• Compliant signage, doorways, and service counters
• Accessible websites and online booking systems

Failure to meet these standards—even unintentionally—can lead to lawsuits, remediation costs, and attorney fees.

How to Protect Your Business

Conduct Regular ADA Compliance Audits

Engage an accessibility consultant or legal professional to review your property and website for potential violations before a tester does.

Document Remediation Efforts

Keep detailed records of inspections, repairs, and upgrades. Documentation can demonstrate good-faith compliance and reduce liability.

Train Employees

Staff should understand ADA basics and know how to assist individuals with disabilities appropriately.

Respond Strategically to Any Claim

Contact legal counsel immediately upon receiving a demand letter or complaint. Avoid making admissions or settlements without review. An attorney can assess whether the plaintiff has standing and evaluate defense options.

Stay Informed on Legal Trends

Tester lawsuits tend to cluster in certain jurisdictions. Awareness helps your business allocate compliance resources effectively.

The Bottom Line

Even if a lawsuit appears opportunistic, accessibility compliance is non-negotiable under the ADA. Proactive compliance measures not only minimize legal exposure but also strengthen your business’s reputation for inclusion and customer care.

Oberman Law Firm assists businesses with ADA compliance reviews, defense against accessibility claims, and strategic risk management planning. If your business receives a tester-related demand or lawsuit, or if you would like to schedule a preventative compliance audit, our attorneys are here to help.