|
House Gives Final Approval to Measure Targeting Abusive Website Accessibility Lawsuits
Legislation aimed at curbing abusive accessibility-related lawsuits cleared its final House vote with passage of HCS SS SCS SBs 907, 1154 & 1272.
The measure creates the “Act Against Abusive Website Access Litigation,” establishing a new legal process for courts to evaluate lawsuits alleging website accessibility violations. Under the act, the Attorney General, the state, political subdivisions, or private defendants targeted by such litigation may bring a civil action seeking a judicial determination of whether the underlying lawsuit constitutes abusive litigation. Courts are instructed to evaluate the “totality of the circumstances,” with particular attention to whether the primary purpose of the suit is to extract payment based on the cost of defense rather than to remedy an alleged violation.
The bill also creates a 90-day cure period that applies in certain cases. If a defendant receives notice of an alleged website access violation and makes a good faith effort to correct it within 90 days, there is a rebuttable presumption that any subsequent claim may be considered abusive. However, this presumption does not apply if the violation is not corrected within the 90-day window after written notice or service of a petition.
The Attorney General is authorized to intervene in cases or initiate actions on behalf of Missouri residents or governmental entities facing alleged abusive litigation, and may issue guidance on identifying abusive practices. Courts may award attorney’s fees, costs, and additional sanctions, including punitive damages up to three times the attorney’s fees awarded, against parties found to have engaged in abusive litigation practices.
The act includes a sunset provision tied to potential federal action, expiring for covered entities if the U.S. Department of Justice issues standards governing website accessibility under the Americans with Disabilities Act. It also applies retroactively to cases pending as of August 28, 2026, with its 90-day correction period available to qualifying defendants in ongoing litigation. With House approval, the bill now heads back to the Senate.
House Advances Expanded Commercial Driver Standards and Enforcement
The Missouri House has passed HCS HB 2741, a comprehensive proposal tightening requirements for commercial motor vehicle operators and increasing accountability for motor carriers.
The bill establishes minimum English language proficiency standards for drivers, requiring them to communicate with the public, understand traffic signs, respond to law enforcement, and complete required records. Drivers who fail to meet those standards face escalating penalties and are placed out of service until compliance is demonstrated.
Additional provisions address documentation requirements for certain drivers operating under nondomiciled commercial licenses, requiring proof of lawful work authorization or citizenship while driving. Violations carry criminal penalties and fines, and drivers may not continue operating until proper documentation is provided.
The legislation also creates a new offense for operating a commercial vehicle without proper federal work authorization. Beyond individual penalties, the bill places significant responsibility on commercial motor carriers, requiring them to verify that drivers are legally authorized to operate. Carriers that fail to do so face substantial fines, with higher penalties tied to serious injury or death resulting from violations, and potential suspension or revocation of their authority to operate in the state for repeat offenses.
The bill further outlines procedures for handling stranded vehicles and cargo when violations occur, ensuring continuity of transport while maintaining enforcement standards. It also includes provisions preventing companies from avoiding penalties through restructuring or rebranding. The measure now heads to the Senate for consideration.
|