Georgia CommonsHB 1470: Torts; abusive litigation based on alleged website access violations under federal and state law; create a cause of action
Last action May 11, 2026 · Effective Date 2026-07-01
House Bill 1470 would let Georgia businesses sue people who file website accessibility lawsuits against them under the Americans with Disabilities Act and lose, allowing recovery of damages and attorney fees from both the claimant and their lawyer.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Enrolled version, the latest LegiScan holds.
In plain language
Businesses in Georgia are sometimes sued under the federal Americans with Disabilities Act (ADA) over claims that their websites are not accessible to people with disabilities. This bill creates a new cause of action in Georgia law letting a business or person fight back if such a lawsuit fails: is dismissed on the merits, involuntarily dismissed at any stage, or thrown out because the person suing lacked legal standing to bring the case. If that happens, the business can sue the original claimant and that claimant's attorney together for actual damages or a flat $10,000, whichever is larger, plus attorney fees for defending the case and bringing this new claim. If the claimant was warned in writing about this law before judgment and refused to drop the lawsuit, the business can collect triple damages instead. Any such claim must be filed within two years of the original judgment. The new law takes effect July 1, 2026 and only applies to cases that arise on or after that date.
What the bill does
- Creates a new Georgia Code section (O.C.G.A. § 51-1-58) allowing a business sued unsuccessfully over an ADA website accessibility claim to sue back.
- Lets the business recover actual damages or a flat $10,000 statutory penalty, whichever is greater, from the claimant and their attorney.
- Allows recovery of reasonable attorney fees for defending the failed ADA lawsuit and for pursuing this new counter claim.
- Triples the damages available if the claimant was warned in writing about this law and still refused to drop the case before judgment.
- Sets a two-year deadline to bring this new claim, counted from the date judgment was entered in the original failed lawsuit.
- Takes effect July 1, 2026 and only covers cases arising on or after that date.
Who it affects
Georgia businesses and other entities that operate websites and face ADA accessibility lawsuits, along with people who file such lawsuits and their attorneys, who could face financial liability if the underlying ADA claim fails or is dismissed for lack of standing.
Why it matters
Businesses that successfully defend against a failed website ADA lawsuit could recoup costs and win damages, potentially discouraging weak or repetitive accessibility claims. At the same time, people with legitimate accessibility concerns and their lawyers could face financial risk if a case is dismissed on procedural grounds like standing rather than on the actual merits of the accessibility complaint.
Key provisions
- Section 1 adds new O.C.G.A. § 51-1-58, applying when an ADA website accessibility lawsuit against a Georgia person or entity is decided against the claimant, dismissed at any stage, or dismissed for lack of standing.
- Subsection (a)(1) sets damages at actual business losses or a $10,000 statutory minimum, whichever is greater.
- Subsection (a)(2) allows recovery of attorney fees tied to defending the failed suit and bringing the new claim.
- Subsection (a)(3) triples damages if the claimant got written notice of this law before judgment and still refused to drop the case.
- Subsection (b) requires any claim under this section to be filed within two years of the judgment in the failed underlying case.
- Subsection (c) directs that the section be narrowly construed and not used to change any other law.
- Section 2 sets the effective date as July 1, 2026, applying only to causes of action accruing on or after that date.
From the bill
“such person or entity shall be entitled to recover the following from the claimant and the claimant's attorney”
“Treble damages when, prior to the entry of judgment in the underlying unsuccessful action, the claimant was given written notice of the provisions of this Code section but refused or otherwise failed to voluntarily dismiss such action.”
“This Code section shall be narrowly construed and shall not be construed to alter or amend any other provision of law.”
Status timeline
- Effective Date 2026-07-01
- Act 458
- House Date Signed by Governor (House)
- House Sent to Governor (House)
- Senate Passed/Adopted (Senate)
- Senate Third Read (Senate)
- Senate Taken from Table (Senate)
- Senate Tabled (Senate)
Show full history (17 actions)
- Senate Read Second Time (Senate)
- Senate Committee Favorably Reported (Senate)
- Senate Read and Referred (Senate)
- House Passed/Adopted By Substitute (House)
- House Third Readers (House)
- House Committee Favorably Reported By Substitute (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Trey Kelley (R, HD-016)
- Bruce Williamson (R, HD-112)
- Chuck Efstration (R, HD-104)
- Mary Oliver (D, HD-084)
- Tyler Smith (R, HD-018)
- Brian Strickland (R, SD-042)
Votes
- House voteMarch 6, 2026
144 yea, 22 nay (2 not voting, 9 absent)
- Senate voteMarch 31, 2026
39 yea, 10 nay (2 not voting, 3 absent)
- Senate voteApril 2, 2026
50 yea, 0 nay (3 not voting, 1 absent)
Topics
- ADA lawsuits
- website accessibility
- tort law
- attorney fees
- disability rights