Establishes the "Act Against Abusive Website Access Litigation" which establishes provisions relating to litigation alleging certain disability access violations

Source-provided summary

SB 1471 - This act creates the "Act Against Abusive Website Access Litigation". The Attorney General, on behalf of a class of residents of this state, or any resident of this state who is subject to litigation that alleges any website access violation may file a civil action against the party, attorney, or law firm that initiated such litigation for a determination as to whether such litigation alleging a website access violation is abusive litigation. In determining whether such litigation is abusive, the trier of fact shall consider the totality of the circumstances to determine if the primary purpose of the litigation was to obtain a payment from the defendant due to the costs of defending the action in court. The act describes the factors to be considered in making this determination. If the defendant in a website access violation case attempts to correct the alleged violation within 30 days of being provided notice, there shall be a rebuttable presumption that the subsequent initiation or continuance of litigation constitutes abusive litigation. Such presumption shall not exist if the alleged violation is not corrected within 90 days under circumstances described in the act. If the Attorney General determines that the website access litigation is not abusive, then there shall be a rebuttable presumption that the litigation is not abusive. The court may award attorney's fees to the party defending against the abusive litigation. The court may also award punitive damages or sanctions not to exceed three times the amount of attorney's fees awarded by the court. If the U.S. Department of Justice issues standards concerning website accessibility under the federal Americans with Disabilities Act, the provisions of this act shall expire. This act is substantially similar to HCS/HBs 1842 & 2150 (2026) and is similar to the truly agreed to and finally passed HCS/SS/SCS/SBs 907, 1154 & 1272 (2026) and HCS/HBs 1694, 1674, 1780, 2056, 2312 & 1755 (2026). KATIE O'BRIEN