HB 1470: Torts; abusive litigation based on alleged website access violations under federal and state law; create a cause of action

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.

• 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.

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.

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.

• 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.

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

• Trey Kelley (R, HD-016)Patrocinador principal
• 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. AprobadaVotación: Cámara de Representantes6 de marzo de 2026

   144 a favor, 22 en contra (2 sin votar, 9 ausentes)

   Passage: House Vote #681

2. AprobadaVotación: Senado31 de marzo de 2026

   39 a favor, 10 en contra (2 sin votar, 3 ausentes)

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

3. AprobadaVotación: Senado2 de abril de 2026

   50 a favor, 0 en contra (3 sin votar, 1 ausentes)

   Passage: Senate Vote #978

• ADA lawsuits
• website accessibility
• tort law
• attorney fees
• disability rights