HB1470: HB1470 Torts; abusive litigation based on alleged website access violations under federal and state law; create a cause of action

Some businesses face lawsuits claiming their websites violate the Americans with Disabilities Act (a federal law requiring accessible facilities and services). This bill creates a new claim under Georgia law that lets a business or person sued over an alleged website ADA violation turn around and sue the original claimant and that claimant's attorney if the underlying lawsuit is lost on the merits, dismissed involuntarily, or dismissed for lack of standing. If successful, the business or person could recover actual damages from business disruption or lost opportunity, or a flat $10,000 in statutory damages, whichever is larger, plus reasonable attorney fees. If the claimant was warned in writing about this new law before judgment and still refused to drop the case, damages triple. Any such countersuit must be filed within two years of the original judgment. The law says it must be read narrowly and does not change any other law. It takes effect July 1, 2026 and applies to claims arising on or after that date.

• Creates a new Georgia legal claim (O.C.G.A. § 51-1-58) letting a business or person sued over website ADA accessibility recover money from a claimant who loses that lawsuit.
• Allows recovery of either actual business disruption damages or a flat $10,000 in statutory damages, whichever amount is greater.
• Makes the claimant's own attorney also liable alongside the claimant for these damages and fees.
• Triples the damages if the claimant was warned in writing about this law before judgment and still refused to drop the original case.
• Requires any such countersuit to be filed within two years after judgment in the original lawsuit.
• Takes effect July 1, 2026 and applies only to claims that arise on or after that date.

Georgia businesses and other entities that operate websites and get sued over alleged Americans with Disabilities Act violations, along with the individuals or organizations who bring those lawsuits and their attorneys, who could now face financial liability if the original case fails.

Businesses accused of having inaccessible websites could recoup money and legal costs if they successfully fight off or get such a lawsuit dismissed, potentially discouraging weak or bad-faith ADA website claims, while people bringing legitimate accessibility complaints and their lawyers face new financial risk if the case does not succeed.

• Section 1 adds new Code section 51-1-58 to Chapter 1 of Title 51, covering civil actions alleging a website violates the federal Americans with Disabilities Act of 1990.
• Subsection (a) applies when the underlying ADA website lawsuit is decided on the merits against the claimant, involuntarily dismissed, or dismissed for lack of standing.
• Subsection (a)(1) sets damages as actual losses or $10,000 in statutory damages, whichever is greater.
• Subsection (a)(2) allows recovery of reasonable attorney fees tied to defending the original suit and bringing this new claim.
• Subsection (a)(3) triples damages if the claimant received written notice of this law before judgment and still refused to dismiss the case.
• Subsection (b) sets a two-year statute of limitations running from the judgment in the underlying case.
• Subsection (c) states the section must be narrowly construed and does not alter other laws.
• Section 2 sets the effective date as July 1, 2026, applying to causes of action accruing on or after that date.

1. 2026-05-11Effective Date 2026-07-01
2. 2026-05-11Act 458
3. 2026-05-11House Date Signed by Governor (House)
4. 2026-04-10House Sent to Governor (House)
5. 2026-04-02Senate Passed/Adopted (Senate)
6. 2026-04-02Senate Third Read (Senate)
7. 2026-04-02Senate Taken from Table (Senate)
8. 2026-03-31Senate Tabled (Senate)

• Trey Kelley (R, HD-016)Primary sponsor
• 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)

1. PassedHouse voteMarch 6, 2026

   144 yea, 22 nay (2 not voting, 9 absent)

   Passage: House Vote #681

2. PassedSenate voteMarch 31, 2026

   39 yea, 10 nay (2 not voting, 3 absent)

   Motion To Table Remaining Legislation On The Rules Calendar: Senate Vote #912

3. PassedSenate voteApril 2, 2026

   50 yea, 0 nay (3 not voting, 1 absent)

   Passage: Senate Vote #978

• ADA lawsuits
• website accessibility
• tort law
• attorney fees
• business litigation