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

26 LC 63 0140S/AP 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 to1 general provisions relative to torts, so as to provide for a cause of action against a claimant2 and his or her attorney for certain unsuccessful actions under the Americans with Disabilities3 Act; to provide for damages and attorney fees; to provide for a statute of limitations; to4 provide for construction; to provide for an effective date and applicability; to provide for5 related matters; to repeal conflicting laws; and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Chapter 1 of Title 51 of the Official Code of Georgia Annotated , relating to general9 provisions relative to torts, is amended by enacting a new Code section to read as follows:10 "51-1-58.11 (a) When a civil action brought by a claimant against a person or entity of this state12 alleging that such person or entity operates a website that violates the federal Americans13 with Disabilities Act of 1990, 42 U.S.C. Section 12101, et seq., as amended, is adjudicated14 on the merits against such claimant, involuntarily dismissed at any stage of the civil15 H. B. 1470 - 1 - 26 LC 63 0140S/AP proceedings, or dismissed based on the claimant's lack of standing, such person or entity16 shall be entitled to recover the following from the claimant and the claimant's attorney:17 (1) Actual damages for disruption of such person's or entity's business or other lost18 opportunity costs related to the unsuccessful action, or statutory damages of $10,000.00,19 whichever is greater;20 (2) Reasonable attorney fees related to the defense of the unsuccessful action and to the21 prosecution of an action under this Code section; and22 (3) Treble damages when, prior to the entry of judgment in the underlying unsuccessful23 action, the claimant was given written notice of the provisions of this Code section but24 refused or otherwise failed to voluntarily dismiss such action.25 (b) Any action under this Code section shall be brought within two years after the entry26 of judgment in the underlying unsuccessful action.27 (c) This Code section shall be narrowly construed and shall no t be construed to alter or28 amend any other provision of law."29 SECTION 2.30 This Act shall become effective on July 1, 2026, and shall apply to causes of action accruing31 on or after such date.32 SECTION 3.33 All laws and parts of laws in conflict with this Act are repealed.34 H. B. 1470 - 2 -