Georgia CommonsHouse · Passed · 2025-2026 Regular Session
HB 1470: Torts; abusive litigation based on alleged website access violations under federal and state law; create a cause of action
Last action July 1, 2026 · Effective Date
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 the General Assembly's website lists.
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.”
Discussed in meetings (9)
The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.
House Judiciary Committee, March 4, 2026
From 0:50:46 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor presented a substitute addressing allegedly abusive lawsuits claiming that business websites violate disability-access requirements. The sponsor said some law firms target small web-based businesses to obtain settlements, disrupting operations even when claims are dismissed. The sponsor described the substitute as compromise language developed with the Metro Chamber of Commerce and the trial bar. Asked whether other states had similar laws, the sponsor said other states provided guidance but could not identify them. Another member asked what disabilities and website-access problems were involved. The sponsor emphasized that the proposal would not prevent legitimate claims under the Americans with Disabilities Act and distinguished those claims from lawsuits intended to pressure businesses into small settlements. The committee approved the substitute by voice vote, with no opposition heard.
House Rules Committee, March 6, 2026
From 0:51:53 · Watch on the General Assembly's Vimeo channel · Confirmed by the 2026 House Journal, p. 2179
Summary by Georgia Commons: A committee member requesting HB 1470 said it addressed abusive litigation and lawsuit threats against small businesses alleging violations of federal disability law. The member said the language reflected a compromise between small businesses and trial lawyers and had passed the Judiciary Committee unanimously. Another member described out-of-state lawsuits targeting web-based Georgia businesses as a relatively new problem, and the requesting member agreed. No decision was recorded.
House floor session, March 6, 2026 (legislative day 28, PM, part 2)
From 4:05:31 · Watch on the General Assembly's Vimeo channel · Confirmed by the 2026 House Journal, p. 2281
Summary by Georgia Commons: The sponsor said HB 1470 would let businesses seek recovery for abusive lawsuits alleging website accessibility violations. The sponsor described out-of-state lawyers seeking small settlements from Georgia businesses and said the bill reflects compromise between the business community and trial lawyers. The sponsor repeatedly said valid disability-access claims would remain available and judges would determine whether claims lack standing or merit. A member twice requested an example of a website accessibility violation; the sponsor did not provide one and said technical rules govern compliance. Another member described accessibility guidelines addressing captions, font size and color contrast. A further member questioned why unsuccessful accessibility claims should face these penalties when other civil suits do not. The sponsor cited existing penalties for frivolous litigation and argued that additional protection was needed for small businesses. The House adopted the committee substitute and passed the bill 144-22.
House Rules Committee, March 6, 2026
From 1:26:05 · Watch on the General Assembly's Vimeo channel · Confirmed by the 2026 House Journal, p. 2179
Summary by Georgia Commons: The committee placed HB 1470 on the supplemental floor calendar under modified structured rules. No substantive discussion occurred.
Senate Judiciary Committee, March 23, 2026
From 2:13:43 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor described HB 1470 as a response to frivolous disability-access lawsuits against small businesses, saying some out-of-state claimants seek settlements that cost less than defending a case. The sponsor emphasized preserving valid disability claims and said chambers of commerce and NFIB supported the proposal, with input from trial lawyers. The chair described helping a local business respond to a payment demand and supported addressing such cases. A witness also supported the bill, arguing that unclear website-accessibility standards and automated website reviews encourage mass litigation against businesses using common website-building services. The witness said the proposal could discourage abusive claims without overriding federal law. No members asked substantive questions or offered amendments. The committee approved the bill unanimously.
Senate floor session, April 2, 2026 (legislative day 40, part 2)
From 5:11:51 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (Senate Taken from Table)
Summary by Georgia Commons: The Senate removed HB 1470 from the table. The sponsor said it targeted abusive demands that businesses pay money over alleged website violations of disability-access laws. The sponsor described helping a Henry County business respond to such a demand and said unsuccessful or dismissed abusive cases could lead to actual damages, attorney fees and triple damages against those bringing them. A member asked whether the measure addressed a particular pattern of abusive legal threats rather than undermining the Americans with Disabilities Act. The sponsor agreed and emphasized support for disability-access protections. The clerk also read provisions allowing attorney-general involvement and considering corrective action after notice. The Senate passed the bill, 50–0.
Status timeline
- Effective Date
- 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-16)
- Bruce Williamson (R, HD-112)
- Chuck Efstration (R, HD-104)
- Mary Margaret Oliver (D, HD-84)
- Tyler Paul Smith (R, HD-18)
- Brian Strickland (R, SD-42)
Votes
- House voteMarch 6, 2026
144 yea, 22 nay (2 not voting, 9 excused)
- Senate voteMarch 31, 2026
39 yea, 10 nay (2 not voting, 3 excused)
- Senate voteApril 2, 2026
50 yea, 0 nay (3 not voting, 1 excused)
Topics
- ADA lawsuits
- website accessibility
- tort law
- attorney fees
- disability rights