Bill > SB2090

This bill creates the Abusive Website-Access to Litigation Act, which aims to address what the state sees as abusive disability access litigation, particularly regarding website accessibility. The bill allows the Attorney General to file a civil action to determine if a website-access violation lawsuit is abusive, focusing on cases that appear to be primarily seeking financial settlements rather than genuinely addressing accessibility issues. The legislation defines an "access violation" as an allegation that a public accommodation (including websites operated by state residents) does not provide sufficient access under the Americans with Disabilities Act. When determining if a lawsuit is abusive, the court will consider multiple factors, such as the plaintiff's history of similar lawsuits, the defendant's resources, settlement discussions, and whether the defendant made a good faith attempt to cure the alleged violation within 30 days of notice. If the lawsuit is found to be abusive, the court may award reasonable attorney's fees and costs to the defendant, and potentially impose punitive damages up to three times the attorney's fees. Importantly, the bill emphasizes that its purpose is not to prevent legitimate accessibility claims, but to discourage what it considers opportunistic litigation that primarily seeks financial gain rather than meaningful accessibility improvements.

https://www.ilga.gov/legislation/BillStatus.asp?DocNum=2090&GAID=18&DocTypeID=SB&SessionID=114&GA=104