Protecting Small Businesses from Predatory Website Lawsuits Act
- Bill Number
- H.R. 7328
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Civil Rights and Liberties, Minority Issues
- Status
- Introduced
- Latest Action
- 2026-02-03: Referred to the House Committee on Energy and Commerce.
- Last Updated
- 2026-04-29T08:07:06Z
AI-Generated Summary
Purpose
This legislation, titled the "Protecting Small Businesses from Predatory Website Lawsuits Act," aims to amend the Americans with Disabilities Act of 1990 (ADA) to prevent hasty lawsuits against private businesses for accessibility issues on their websites and mobile apps. It requires individuals to first go through an administrative process—essentially, a formal complaint and investigation step—before filing a civil lawsuit under Title III of the ADA, which covers public accommodations like businesses open to the public.
Key Provisions
- Exhaustion Requirement: No one can file a lawsuit claiming a website or mobile app violates ADA Title III (accessibility standards for people with disabilities) until they have completed all administrative steps outlined in the new Title VI of the ADA.
- Notice and Complaint Process:
- An individual must first notify the website or app owner/operator of the noncompliance.
- If the issue isn't fixed within 180 days, the individual can file a complaint with the Department of Justice (DOJ).
- A copy of the complaint must be sent to the business.
- DOJ Investigation:
- Complaints must be filed within 180 days after the initial 180-day notice period ends.
- The Attorney General must investigate within 360 days to check for violations.
- If the DOJ finds compliance (or fails to decide within 360 days), this counts as a final determination, allowing the lawsuit to proceed only if noncompliance is confirmed.
- Definitions:
- Consumer-facing website: Any public website designed for commercial purposes (e.g., selling goods or services).
- Mobile application: Software apps run on mobile devices or web-based apps optimized for mobile use, also for commercial purposes.
- Technical Update: Adds Title VI to the ADA's table of contents for clarity.
Significant Changes to Existing Law
- Under the current ADA Title III, individuals with disabilities can directly sue businesses for failing to make public accommodations accessible, including digital ones like websites, without needing to exhaust administrative remedies first.
- This bill introduces a mandatory "exhaustion of administrative remedies" step specifically for claims about private consumer-facing websites and apps, creating a delay and review process that didn't exist before. It doesn't change requirements for physical accessibility or other ADA areas.
Potential Impacts
- On Government Agencies: The DOJ (specifically the Attorney General) will face increased responsibilities and workload, handling complaints and conducting time-bound investigations (up to 360 days per case), which could strain resources without additional funding specified.
- On Citizens: People with disabilities may experience delays in resolving accessibility issues (potentially up to 540 days before suing), but the process ensures businesses get a chance to fix problems without immediate court involvement. It could reduce "predatory" or low-merit lawsuits but might discourage valid claims due to the added hurdles.
- On Businesses: Small and private entities operating commercial websites or apps gain protection from quick lawsuits, with time to comply voluntarily, potentially lowering legal costs and encouraging proactive accessibility improvements.
- On International Relations: No direct impacts, as the bill focuses on U.S. domestic law and private entities.
Main Stakeholders Affected
- Private Businesses: Especially small ones with consumer-facing websites or mobile apps (e.g., e-commerce sites, service providers), who benefit from the notice and cure period but must respond to complaints.
- Individuals with Disabilities: Those seeking to enforce digital accessibility, who now face procedural barriers before court access.
- Department of Justice (DOJ): Gains a central role in screening claims, acting as a gatekeeper for lawsuits.
- Advocacy Groups: Disability rights organizations may see this as limiting enforcement, while business associations could view it as supportive.
Notable Legal, Constitutional, or Political Implications
- Legal: Shifts the ADA's enforcement from direct private lawsuits to a hybrid administrative-judicial model for digital claims, potentially reducing court backlogs but raising questions about whether the exhaustion requirement unduly burdens access to justice (a core ADA principle). Courts might face challenges interpreting "compliance" standards for websites, as the bill doesn't define specific technical accessibility rules.
- Constitutional: Could spark debates on due process (under the Fifth Amendment) if delays are seen as infringing on timely remedies for disabilities, though it aligns with similar exhaustion rules in other civil rights laws (e.g., employment discrimination under Title VII).
- Political: Positions as a pro-business reform to curb perceived lawsuit abuse in the growing area of digital ADA claims (e.g., serial filings by some lawyers), but critics may argue it weakens protections for disabled individuals in an era of increasing online commerce. Introduced in the 119th Congress (2026), it reflects ongoing tensions between accessibility rights and economic burdens on small enterprises.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (4)
Rep. Wagner, Ann [R-MO-2], Rep. Lawler, Michael [R-NY-17], Rep. Gooden, Lance [R-TX-5], Rep. Obernolte, Jay [R-CA-23]
Recent Actions
- 2026-02-03: Referred to the House Committee on Energy and Commerce.
- 2026-02-03: Introduced in House
- 2026-02-03: Introduced in House
Bill Versions
- Protecting Small Businesses from Predatory Website Lawsuits Act — issued 2026-02-03 — PDF (5 pages)