Disability Litigation Amendments

Utah defendants gain relief; filers risk penalties

Beginning May 6, 2026, Utah residents can sue over abusive lawsuits alleging websites violate Americans with Disabilities Act access standards. Businesses qualify with a principal place of business or registered office in Utah. Abuse must be proven more likely than not: the lawsuit’s main purpose was getting money rather than fixing access. A good-faith repair attempt within 30 days, or a completed repair within 90 days, creates a presumption of abuse. These periods start when the defendant receives written notice detailed enough to identify and fix the problem. The filing party can present evidence against that presumption. An abuse decision must wait until the applicable period ends or the court finds the problem fixed, whichever comes first. The Utah attorney general can bring the abuse case for the defendant. Courts may award reasonable attorney fees and costs for both defending the access lawsuit and bringing the abuse case. Filing individuals, attorneys, or law firms also face possible punitive damages and court sanctions. Punitive damages and monetary sanctions combined cannot exceed three times the awarded fees and costs. This framework is repealed July 1, 2031.