Bill > SB1942

This bill, known as the Stop Abusive Website Access Litigation Act, aims to address what it considers to be frivolous lawsuits related to website accessibility under the Americans with Disabilities Act (ADA). The bill allows the Attorney General or a resident of Illinois to file a civil action against a party, attorney, or law firm that initiates a website access violation lawsuit to determine if the litigation is abusive. When evaluating whether a lawsuit is abusive, the court will consider various factors, including the number of similar actions filed by the plaintiff, whether there was a good-faith attempt to resolve the issue before litigation, the defendant's resources, and the practicality of the lawsuit's jurisdiction. If a defendant attempts to remedy the alleged website accessibility violation within 90 days of receiving notice, there is a presumption that continued litigation is abusive. The bill provides protections for small businesses by considering factors like the number of employees and resources available to correct the violation. If the court determines the litigation is abusive, it may award reasonable attorney's fees and costs to the defendant, and can even impose punitive damages up to three times the amount of attorney's fees. The bill defines a website access violation as an allegation that a public accommodation (including websites operated by Illinois residents) does not provide sufficient accessibility under the ADA.

https://www.ilga.gov/legislation/BillStatus.asp?DocNum=1942&GAID=18&DocTypeID=SB&SessionID=114&GA=104