Senate adopts bill targeting abusive website-access litigation, adds good-faith cure definition

The Senate adopted legislation aimed at curbing what sponsors described as abusive litigation targeting website accessibility.

Senator Taylor introduced SF 23-80, saying the bill addresses abusive lawsuits alleging website accessibility violations under the Americans with Disabilities Act and similar state or federal laws. The measure authorizes the attorney general, on behalf of classes or individual residents, to file civil actions against parties, attorneys or law firms that initiated potentially abusive litigation in order to determine whether the litigation is abusive.

Taylor noted the bill creates a rebuttable presumption that litigation is abusive if a defendant makes a good-faith effort to correct the alleged website-access issue within 30 days after written notice or service. An amendment (s5083) was offered and adopted to clarify what qualifies as a good-faith attempt, including use of industry-recognized platforms, contracting with accessibility specialists, or other attempts a court deems reasonable.

Senator Bennett (Lynn) spoke in support and outlined website-accessibility basics and potential costs for professional audits and remediation, noting that good-faith efforts can help site operators comply. Taylor emphasized the bill is intended to target "bad actors" using litigation as a money-making venture while preserving remedies for those genuinely harmed. The amendment was adopted and the bill was placed on final passage; the clerk announced the roll call as 46 ayes, 0 nays and the bill passed.