Bill > SB1154

This bill establishes the "Act Against Abusive Website Access Litigation" to address what the state considers problematic legal practices related to website accessibility lawsuits. The bill allows the attorney general or a resident of Missouri to file a civil action against parties initiating website accessibility litigation if the lawsuit appears to be primarily aimed at obtaining a monetary settlement rather than genuinely improving accessibility. The court can determine a lawsuit is "abusive" by considering factors such as the plaintiff's history of filing similar lawsuits, whether reasonable notice was given to the defendant to correct accessibility issues, the plaintiff's legal licensing status, and the nature of settlement discussions. If a lawsuit is deemed abusive, the court may award attorney's fees and costs to the defendant, and potentially impose punitive damages up to three times the attorney's fees. Defendants who receive written notice of an accessibility violation and make good faith efforts to correct it within 90 days are presumed to be acting in good faith. The bill specifically applies to public accommodations, which includes websites operated by Missouri residents, and is designed to prevent what the state sees as frivolous litigation while still preserving legitimate accessibility enforcement actions. The provisions will expire if the federal Department of Justice issues standard website accessibility guidelines.

Justice

https://www.senate.mo.gov/26info/BTS_Web/Bill.aspx?SessionType=R&BillID=517