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

Failed website access lawsuits bring new costs

Beginning July 1, 2026, the law applies to causes of action arising on or after that date. A Georgia person or entity sued over website access under the federal Americans with Disabilities Act gains a recovery right. It applies when the claimant loses on the merits, the case is involuntarily dismissed, or dismissal follows lack of standing. Lack of standing means the claimant has no legal right to bring the case. The defendant can recover from the claimant and their lawyer the greater of $10,000 or actual business-disruption or lost-opportunity damages. Recovery also includes reasonable lawyer fees for defending the original case and bringing the recovery case. Triple damages are available if the claimant receives written notice of this law before judgment and fails or refuses to voluntarily dismiss. The recovery case must be filed within two years after judgment in the unsuccessful case. Courts must read this remedy narrowly; it does not change other laws.