Protecting Small Businesses from Lawsuits

Summary#

This bill adds a new Title VI to the Americans with Disabilities Act (ADA) that applies to private, consumer-facing websites and mobile applications. It requires people who think a website or app is not accessible to first notify the owner or operator. If the owner does not fix the problem within 180 days, the person may file a complaint with the Department of Justice (the Department). The Attorney General must investigate within 360 days. If the Attorney General finds the site is in compliance during that 360-day period, that finding is final. If the Attorney General does not make a determination during the 360 days, the bill treats that as a final determination of compliance.

What it means for you#

  • If you use or run a consumer-facing website or mobile app: private owners and operators are defined as those who make websites or mobile apps available to the public for commercial purposes.
  • If you believe a website or app is not accessible: you must notify the owner or operator first and give them 180 days to fix it.
  • If the owner does not fix it within 180 days: you can file a complaint with the Department of Justice, but only within the next 180 days.
  • After a complaint is filed: the Attorney General has up to 360 days to investigate. A determination of compliance during that time, or no determination during that time, is treated as final for purposes of starting a civil lawsuit.

Expenses#

No publicly available information.

Proponents' View#

The bill's short title and text indicate it is intended to require administrative steps and give website or app owners time and a Department of Justice review before civil suits under ADA Title III can proceed. The title frames the change as protecting small businesses from predatory website lawsuits.

Opponents' View#

No publicly available information.