Bill > HB1694

This bill, known as the "Act Against Abusive Website Access Litigation," aims to combat what it defines as "abusive litigation" related to website accessibility. An "access violation" refers to a claim that a "public accommodation" – which includes websites operated by Missouri residents or entities registered with the state – fails to meet accessibility requirements under federal or state law, such as the Americans with Disabilities Act (ADA). The bill allows the Missouri Attorney General, or a resident facing such litigation, to file a civil action against the party who initiated the lawsuit to determine if it is abusive. Courts will consider various factors to assess if the primary goal of the litigation is to extract payment, including whether the same plaintiff or attorney has filed numerous similar lawsuits without genuine efforts to improve accessibility, if the defendant was given reasonable notice and opportunity to fix the issue before being sued, and the history of the plaintiff or their counsel. A key provision establishes a rebuttable presumption of abusive litigation if a defendant makes substantial good-faith efforts to correct an alleged accessibility violation within ninety days of receiving notice. If litigation is found to be abusive, the court can award attorney's fees and costs to the defendant, and potentially punitive damages. The bill also includes provisions for the Attorney General to intervene in such cases and issue guidance, and it will expire if federal standards for website accessibility are issued under Title III of the ADA.

Government Affairs, Justice

https://house.mo.gov/Bill.aspx?bill=HB1694&year=2026&code=R