Empire Hotel Class Action Lawsuit 2026, What Consumers Need to Know

Prepared by the AllAboutLawyer.com Editorial Team and reviewed for factual accuracy against official court records and publicly available case filings on April 22, 2026. Last Updated: April 22, 2026

The Empire Hotel class action is a consumer fraud lawsuit where eligible U.S. consumers who booked a hotel room at Empire Hotel may be able to recover compensation by joining the litigation, pending class certification and any future settlement at Bittlingmaier v. West 63 Empire Associates LLC, Case No. 1:26-cv-01209. Plaintiff Dylan Bittlingmaier filed the class action lawsuit on February 12 in New York federal court, claiming Empire Hotel does not disclose the full price of a hotel room upfront and instead baits consumers into believing they are getting a lower price by listing a rate that excludes additional taxes and fees. No settlement has been reached. The case is in the litigation phase.

Quick Facts

Field	Detail
Defendant	West 63 Empire Associates LLC (Empire Hotel)
Case Name & Number	Bittlingmaier v. West 63 Empire Associates LLC, No. 1:26-cv-01209
Court	U.S. District Court, Southern District of New York
Settlement Amount	TBD — no settlement has been reached; case is in active litigation
Claim Deadline	TBD — no claim period open; case has not reached settlement stage
Current Court Stage	Litigation phase — class certification not yet filed
Who May Qualify	U.S. consumers who booked a hotel room at Empire Hotel
Lead Law Firm	Bursor & Fisher P.A. (Philip L. Fraietta and Julian C. Diamond)
Proof Required	TBD — pending class certification and any future settlement terms
Official Website	TBD — no settlement administrator site; monitor court docket at PACER
Last Updated	April 22, 2026

Current Status & What Happens Next

• The case was filed February 12, 2026, and remains in active litigation in the Southern District of New York. No class has been certified yet.
• The next major procedural step will be Empire Hotel’s response to the complaint, followed by potential motions to dismiss or class certification briefing.
• No opt-out deadline, objection deadline, or payment timeline exists at this stage. Consumers are automatically included in a potential class if one is eventually certified — no action is required now.

What Is the Empire Hotel Lawsuit About? Bittlingmaier v. West 63 Empire Associates LLC, No. 1:26-cv-01209

The lawsuit alleges Empire Hotel’s fees are hidden and only visible by selecting a hyperlinked “taxes and fees” button. The fees are only shown to consumers after they have clicked through numerous pages and reached the checkout screen.

Bittlingmaier argues that in 2012, the Federal Trade Commission (FTC) warned the hotel industry about “drip pricing,” stating that resort fees and other surcharges violate consumer protection law when hotels misrepresent the price consumers pay for their hotel rooms. Despite this, hotel companies continue to charge hidden junk fees to consumers on their websites. Empire Hotel allegedly received or was subject to those same industry-wide warnings and continued the practice regardless.

Bittlingmaier asserts claims for unjust enrichment, fraud, and violations of New York’s General Business Law. New York General Business Law §§ 349 and 350 prohibit deceptive acts and false advertising in consumer transactions. Consumers harmed by this practice were denied the ability to comparison-shop on accurate pricing and paid more than the rate initially displayed. This case joins a broader wave of similar lawsuits against major hotel brands — for context on how consumer class action litigation works, see our [Guide to Consumer Class Action Lawsuits].

Who Is Eligible for the Empire Hotel Settlement?

Because this case has not reached a settlement, there is no certified class or confirmed eligibility criteria yet. Based on the allegations in the complaint, you may eventually qualify if:

• You booked a hotel room at Empire Hotel through the hotel’s own website or a third-party platform
• You were initially shown a room rate that did not include the full taxes and fees later added at checkout
• You paid additional charges — such as resort fees, destination fees, or amenity fees — that were not disclosed in the upfront advertised price
• You are located in the United States (the complaint seeks to represent a nationwide class)

No booking date range has been formally specified in the class definition yet — that detail will be set if and when a class is certified. Monitor this page and the PACER docket for updates.

Potential Recovery & Legal Theory

The complaint does not specify a dollar amount in damages at this time. Under the legal theories asserted, consumers who successfully prove their claims could potentially recover:

• Actual damages — the difference between the price advertised and the total amount actually charged
• Statutory damages under New York General Business Law §§ 349 and 350, which provide a minimum recovery of $50 per violation and up to three times actual damages for willful violations
• Restitution of fees paid as a result of the alleged drip pricing scheme
• Injunctive relief — a court order requiring Empire Hotel to disclose the full price of a room at the initial point of display

Bittlingmaier claims drip pricing robs consumers of the right to know the actual rate they are paying for a hotel and denies them the opportunity to fairly compare hotel rates. Consumers are more likely to pay a higher price when a company engages in drip pricing, and Empire Hotel has profited enormously from these practices, the lawsuit alleges. For context on how New York’s General Business Law protects consumers against deceptive pricing, 

Related article: US Gamers Sue Nintendo, Demanding That Tariff Refunds Be Passed Back to Consumers

How to Join the Lawsuit

Because no class has been certified yet, you do not need to take any action right now to preserve your potential rights. Here is what you should do:

1. Do not discard booking records. Save all receipts, confirmation emails, and booking screenshots from Empire Hotel stays that show the initial price displayed versus the final amount charged.
2. Document the fee difference. Note the amount added at checkout versus the price shown on the search results or listing page.
3. Check back for class certification. If the court certifies a class, all qualifying consumers will typically be automatically included unless they choose to opt out.
4. Contact class counsel if you want to discuss your experience: Bursor & Fisher P.A., attorneys Philip L. Fraietta and Julian C. Diamond, are the plaintiff’s attorneys of record.
5. Monitor the PACER docket at pacer.gov using Case No. 1:26-cv-01209 for court filings and updates.

Case Timeline

Milestone	Date
Complaint Filed	February 12, 2026
Court	U.S. District Court, Southern District of New York
Defendant Response Deadline	TBD — pending court scheduling order
Class Certification Motion	TBD — typically filed after initial discovery period
Next Scheduled Hearing	TBD — no hearing date publicly confirmed as of April 22, 2026
Expected Settlement / Resolution	TBD — case is in early litigation; timeline is not predictable at this stage

Frequently Asked Questions

Do I need a lawyer to join this lawsuit? 

No. If the court certifies a class, qualifying consumers are typically included automatically — no individual attorney is required. You only need your own attorney if you plan to opt out and pursue a separate individual claim. The plaintiff’s law firm, Bursor & Fisher P.A., represents the proposed class at no upfront cost to class members.

Is this lawsuit legitimate?

 Yes. Bittlingmaier v. West 63 Empire Associates LLC, Case No. 1:26-cv-01209, is a verified federal filing in the Southern District of New York. You can confirm its existence by searching the case number on PACER, the federal courts’ official public access system.

When will a settlement be reached?

 There is no way to predict a timeline at this early stage. Federal class action cases typically take one to three years from filing to resolution. The case must first survive any motions to dismiss, proceed through discovery, and reach class certification before settlement discussions are likely to occur.

What if I no longer have my booking records? 

Retrieve them now. Log into any account used to book the stay — the hotel’s website, Expedia, Hotels.com, or similar platforms — and download confirmation emails and receipts. These documents will show the price initially displayed and the final amount charged, which is central to the drip pricing claim.

Will a settlement payment affect my taxes? 

Potentially. The IRS generally treats compensatory damages — payments that reimburse actual losses like overcharged fees — as non-taxable. However, any portion of a recovery representing statutory penalties or punitive damages may be taxable as ordinary income. Consult a tax advisor when and if you receive a payment.

What exactly is “drip pricing” and why is it illegal?

 Drip pricing is a practice where a seller advertises an artificially low base price and adds mandatory fees later in the checkout process. The FTC warned the hotel industry about this practice in 2012, stating that resort fees and other surcharges violate consumer protection law when hotels misrepresent the price consumers pay for their hotel rooms. Under New York’s General Business Law, advertising a misleading price can constitute a deceptive act regardless of whether a disclosure appears somewhere in the checkout flow.

Have other hotels faced similar lawsuits? 

Yes. Drip pricing litigation is widespread in the hotel industry. On August 18, 2023, Travelers United filed a class-action lawsuit against Hyatt Hotels Corporation accusing Hyatt of falsely advertising hotel room rates and cheating customers out of millions of dollars through hidden fees. Similar cases have been filed against Marriott, Hilton, and other major chains, with some resulting in state attorney general settlements requiring transparent upfront pricing.

Sources & References

• Court Docket: Bittlingmaier v. West 63 Empire Associates LLC, No. 1:26-cv-01209, U.S. District Court, Southern District of New York — pacer.gov
• Federal Trade Commission — FTC 2012 Warning Letters to Hotel Operators: ftc.gov
• ArentFox Schiff Legal Alert — “Even More Hotel Fee Litigation” (August 2023): afslaw.com

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Legal claims and outcomes depend on specific facts and applicable law. For advice regarding a particular situation, consult a qualified attorney.