Georgia CommonsHB 1470: Torts; abusive litigation based on alleged website access violations under federal and state law; create a cause of action
Enrolled version, the latest LegiScan holds · Last action May 11, 2026 · Passed
The text as LegiScan holds it, read from the PDF the legislature publishes with its margin line numbers, running heads, and page footers removed. Line breaks are joined into paragraphs here; no word is changed.
Underlined words are what the bill adds to current law and struck-through words are what it removes, as the printed bill shows them.
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.