HR 7328
Protecting Small Businesses from Predatory Website Lawsuits Act
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Bill overview
This bill, the Protecting Small Businesses from Predatory Website Lawsuits Act, amends the Americans with Disabilities Act to establish a process for addressing website accessibility complaints. It requires individuals to first attempt to resolve issues through administrative channels with the Department of Justice and the Attorney General before filing a lawsuit. The bill also defines ‘consumer facing website’ and ‘mobile application’ for clarity and outlines a timeline for investigation and determination of compliance.
Key provisions
- Individuals must exhaust administrative remedies before filing a lawsuit for website accessibility issues.
- Website owners must be notified of non-compliance before a complaint is filed.
- The Department of Justice has 180 days to investigate complaints.
- The Attorney General has 360 days to determine compliance.
- A determination of compliance during the investigation period is considered a final determination.
- Failure of the Attorney General to make a determination within 360 days is also considered a final determination.
- The bill defines ‘consumer facing website’ as a website accessible to the public for commercial purposes.
- The bill defines ‘mobile application’ as a software application designed for mobile platforms.
Who is affected
- Small businesses operating websites and mobile applications.
- Individuals with disabilities.
- The Department of Justice.
- The Attorney General.
- Website owners and operators
Sponsors
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Primary sponsor
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119th CONGRESS — 2d Session
H. R. 7328
IN THE HOUSE OF REPRESENTATIVES
A BILL
To amend the Americans with Disabilities Act of 1990 to require exhaustion of administrative remedies for certain claims, and for other purposes.
This Act may be cited as the Protecting Small Businesses from Predatory Website Lawsuits Act
.
The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) is amended by adding at the end the following new title:
Prior to filing a complaint with the Attorney General under subsection (c), an individual must first notify the private owner or operator of a consumer facing website or mobile application that such website or mobile application is not in compliance with the standard for compliance under title III.
If, within 180 days after receiving notice under subsection (b), the owner or operator of a consumer facing website or mobile application fails to bring such website or such application into compliance with title III, an individual may file a complaint with the Department.
Department) under paragraph (1), a copy of such complaint shall be provided to the owner or operator of a consumer facing website or mobile application.
In this Act:
The table of contents of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) is amended by inserting after the item relating to section 515 the following new item: