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Senate approves bill to let AG sue over allegedly abusive ADA website lawsuits, creates presumption for good-faith fixes
Summary
Senate File 23 80 allows the Attorney General to sue parties or attorneys who initiate potentially abusive website-accessibility litigation and creates a rebuttable presumption that litigation is abusive if a defendant makes a good-faith effort to correct accessibility issues within 30 days; an amendment clarified what counts as a good-faith attempt.
Senator Taylor opened on SF 23 80, describing it as a response to abusive litigation that alleges website accessibility violations under the Americans with Disabilities Act and related state laws. Taylor said the bill would "allow the attorney general, on behalf of the class of residents or any resident subject to litigation... to file a civil action against the party, attorney, or law firm that initiated the underlying litigation in order to determine if the litigation constitutes abusive litigation."
Amendment S5083 was offered and adopted to clarify what constitutes a "good faith" attempt to comply — examples include using an industry-recognized program, hiring a specialist, or taking steps a court would deem reasonable. Senator Bennett, who served on the subcommittee, described accessibility basics and the potential costs of audits and remediation. Taylor said the bill targets bad actors who treat litigation as a money-making venture while preserving remedies for those who genuinely suffered harm. The Senate adopted the amendment, read the bill for the last time and passed it by recorded vote (chair announced 46 ayes, 0 nays).
