Bill > SB907

This bill, known as the "Act Against Abusive Website or Web Content Access Litigation," establishes provisions to address lawsuits alleging violations of disability access requirements for websites and online content, specifically those related to the federal Americans with Disabilities Act (ADA) or state law. It allows the Missouri Attorney General or any Missouri resident facing such litigation to file a civil action to determine if the original lawsuit was "abusive litigation," meaning its primary purpose was to extract payment from a defendant due to the costs of defending the lawsuit rather than genuinely seeking to improve accessibility. The bill outlines factors courts should consider when determining abusive litigation, such as a plaintiff's history of filing similar lawsuits without attempting to resolve accessibility issues, whether the defendant was given reasonable notice and an opportunity to fix the alleged problem before being sued, and the nature of settlement discussions. A key provision, called the "Safe Harbor Provision," creates a rebuttable presumption that litigation is not abusive if a defendant takes substantial good-faith steps to correct an alleged violation within ninety days of receiving notice. The Attorney General can intervene in or bring actions against abusive litigation and can issue guidance on what constitutes abusive practices, though this guidance won't prevent legitimate accessibility enforcement. If a lawsuit 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 a clause that would cause these provisions to expire if the U.S. Department of Justice issues specific website accessibility standards under the ADA.