HR7328-119

What This Bill Does

The Protecting Small Businesses from Predatory Website Lawsuits Act amends the Americans with Disabilities Act by adding title VI for consumer-facing websites and mobile applications owned or operated by private entities. Before suing over alleged website or app noncompliance with ADA title III, an individual must first notify the owner or operator. If the owner or operator does not bring the site or app into compliance within 180 days, the individual may file a complaint with the Department of Justice within the next 180-day period. DOJ must provide a copy to the owner or operator. The Attorney General then has 360 days to investigate whether a violation exists. A finding of compliance during that period is final for purposes of whether the individual may sue; failure by the Attorney General to make a determination within 360 days is treated as a final determination of compliance. The bill defines consumer-facing website and mobile application and makes a clerical amendment to the ADA table of contents.

Who Benefits and How

Private website owners, mobile-app operators, small businesses, and ADA compliance vendors benefit because the bill creates notice, cure, and DOJ review steps before private litigation can begin. Businesses receive 180 days to fix alleged access problems before a DOJ complaint and another investigation period before a lawsuit. The Department of Justice benefits from a gatekeeping role that can screen claims and create determinations. Some consumers with disabilities may benefit if the notice period leads to voluntary remediation without litigation.

Who Bears the Burden and How

Disability rights plaintiffs and consumers with disabilities bear the burden of delayed access to court, mandatory notice, a 180-day cure period, a DOJ complaint window, and a 360-day investigation period before suit. The Attorney General and DOJ civil rights staff must receive complaints, send copies to owners or operators, investigate, and make determinations. Private owners and operators still must evaluate and fix accessibility issues to avoid later liability. Courts may see fewer immediate filings, but unresolved accessibility barriers could persist longer while administrative steps run.

Key Provisions

• Adds ADA title VI for consumer-facing websites and mobile applications owned or operated by private entities.
• Requires notice to the website or app owner or operator before a DOJ complaint or civil action.
• Gives owners and operators 180 days to bring the site or app into compliance.
• Requires a DOJ complaint and gives the Attorney General 360 days to investigate before private suit may proceed.
• Treats Attorney General compliance findings or missed investigation deadlines as final determinations for suit eligibility.