Bill > HB1842

This bill, known as the "Act Against Abusive Website Access Litigation," aims to protect Missouri residents and businesses from what it defines as abusive lawsuits related to website accessibility. An "access violation" refers to claims that a public accommodation, which includes websites operated by Missouri residents or entities registered in the state, fails to provide sufficient access under federal laws like the Americans with Disabilities Act (ADA) or similar state laws. The bill allows the Attorney General, on behalf of a class of affected residents, or any individual resident facing such litigation, to file a civil action to determine if the original lawsuit is "abusive litigation." Abusive litigation is defined as litigation whose primary purpose is to pressure a defendant into paying a settlement due to the costs of defending the lawsuit, rather than genuinely seeking to correct an access violation. To determine if litigation is abusive, courts will consider factors such as the plaintiff's history of filing similar or frivolous lawsuits, the defendant's resources, the reasonableness of settlement offers, and whether the lawsuit was filed in a jurisdiction that creates a substantial obstacle for the defendant. The bill establishes a rebuttable presumption that litigation is abusive if a defendant attempts in good faith to correct an alleged website access violation within thirty days of receiving written notice, unless the violation is not corrected within ninety days. If a court finds the original litigation to be abusive, the party who filed the abusive lawsuit may be ordered to pay the defendant's attorney's fees, costs, and potentially punitive damages. The bill also includes provisions for the Attorney General to notify the revisor of statutes if federal standards for website accessibility are issued under Title III of the ADA, at which point this section of the law would expire.

Business and Industry, Government Affairs

https://house.mo.gov/Bill.aspx?bill=HB1842&year=2026&code=R