---
title: HB 1470. Torts; abusive litigation based on alleged website access violations under federal and state law; create a cause of action
collection: bills
id: 2025-2026/hb1470
cite_as: HB 1470, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1470
md_url: https://georgiacommons.org/bills/2025-2026/hb1470.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1470/text
source_url: https://www.legis.ga.gov/legislation/73723
date: 2026-05-11
status: passed
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 1252
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1470.md?full=1
bill_number: HB 1470
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-05-11
last_action: Effective Date 2026-07-01
sponsors:
- Trey Kelley
- Bruce Williamson
- Chuck Efstration
- Mary Oliver
- Tyler Smith
- Brian Strickland
text_version: Enrolled
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1470/2025
upstream_id: 2125904
summaries_model: claude-sonnet-5
topic_tags:
- ADA lawsuits
- website accessibility
- tort law
- attorney fees
- disability rights
---
# HB 1470. Torts; abusive litigation based on alleged website access violations under federal and state law; create a cause of action
## Text
House Bill 1470 (AS PASSED HOUSE AND SENATE)
By: Representatives Kelley of the 16th, Williamson of the 112th, Efstration of the 104th, Oliver
of the 84th, and Smith of the 18th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to
general provisions relative to torts, so as to provide for a cause of action against a claimant
and his or her attorney for certain unsuccessful actions under the Americans with Disabilities
Act; to provide for damages and attorney fees; to provide for a statute of limitations; to
provide for construction; to provide for an effective date and applicability; to provide for
related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general
provisions relative to torts, is amended by enacting a new Code section to read as follows:
"51-1-58.
(a) When a civil action brought by a claimant against a person or entity of this state
alleging that such person or entity operates a website that violates the federal Americans
with Disabilities Act of 1990, 42 U.S.C. Section 12101, et seq., as amended, is adjudicated
on the merits against such claimant, involuntarily dismissed at any stage of the civil
proceedings, or dismissed based on the claimant's lack of standing, such person or entity
shall be entitled to recover the following from the claimant and the claimant's attorney:
(1) Actual damages for disruption of such person's or entity's business or other lost
opportunity costs related to the unsuccessful action, or statutory damages of $10,000.00,
whichever is greater;
(2) Reasonable attorney fees related to the defense of the unsuccessful action and to the
prosecution of an action under this Code section; and
(3) 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.
(b) Any action under this Code section shall be brought within two years after the entry
of judgment in the underlying unsuccessful action.
(c) This Code section shall be narrowly construed and shall not be construed to alter or
amend any other provision of law."
SECTION 2.
This Act shall become effective on July 1, 2026, and shall apply to causes of action accruing
on or after such date.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
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.
### Plain-language summary
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 it 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.
## Status
- Status: Passed (2026-05-11)
- Last action: Effective Date 2026-07-01 (2026-05-11)
- Sponsors: Trey Kelley, Bruce Williamson, Chuck Efstration, Mary Oliver, Tyler Smith, Brian Strickland
- Official page: https://www.legis.ga.gov/legislation/73723
> The history, votes, and amendments (1,252 characters) are at https://georgiacommons.org/bills/2025-2026/hb1470.md?full=1