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AR HB1983

Bill

Status

Passed

4/3/2017

Primary Sponsor

Matthew Shepherd

Click for details

Origin

House of Representatives

91st General Assembly (2017 Regular)

AI Summary

  • Requires written notice by certified mail at least 120 days before filing a civil action or injunctive relief claim based on website accessibility violations under the Americans with Disabilities Act.

  • The written notice must specify the alleged violation, alleged harm, and date of alleged harm related to website accessibility non-compliance.

  • Allows entities a complete affirmative defense if they correct the website accessibility violations within 120 days of receiving the notice, proven by preponderance of evidence and cannot be rebutted.

  • Permits courts to dismiss cases lacking proper written notice and to use non-compliance as a mitigating factor in remedies.

  • Entitles defendants who prevail using the affirmative defense to recover all reasonable litigation costs, including attorney's fees.

Legislative Description

Concerning The Procedure And Requirements For The Commencement Of Certain Civil Claims; And Concerning Injunctive Relief.

Last Action

Notification that HB1983 is now Act 784

4/3/2017

Committee Referrals

Judiciary3/20/2017
Judiciary3/14/2017

Full Bill Text

No bill text available