Protecting Small Businesses from Predatory Website Lawsuits Act

119 HR 7328 IH: Protecting Small Businesses from Predatory Website Lawsuits Act U.S. House of Representatives 2026-02-03 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. I 119th CONGRESS 2d Session H. R. 7328 IN THE HOUSE OF REPRESENTATIVES February 3, 2026 Mr. Graves introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Americans with Disabilities Act of 1990 to require exhaustion of administrative remedies for certain claims, and for other purposes. 1. Short title This Act may be cited as the Protecting Small Businesses from Predatory Website Lawsuits Act . 2. Amendment to the Americans with Disabilities Act of 1990 relating to consumer facing websites and mobile applications owned or operated by a private entity The Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) is amended by adding at the end the following new title: VI Consumer Facing Websites and Mobile Applications Owned or Operated by a Private Entity 601. Administrative remedies (a) Exhaustion of administrative remedies No individual may commence a civil action for the failure of a consumer facing website or mobile application to comply with the title III until all administrative remedies under this section have been exhausted. (b) Notice to owner or operator (1) Notice Prior to filing a complaint with the Attorney General under subsection (c), an individual must first notify the private owner or operator of a consumer facing website or mobile application that such website or mobile application is not in compliance with the standard for compliance under title III. (2) Administrative complaint If, within 180 days after receiving notice under subsection (b), the owner or operator of a consumer facing website or mobile application fails to bring such website or such application into compliance with title III, an individual may file a complaint with the Department. (3) Copy of complaint If an individual files a complaint with the Department of Justice (referred to in this title as the Department ) under paragraph (1), a copy of such complaint shall be provided to the owner or operator of a consumer facing website or mobile application. (c) Reporting of violations to Attorney General (1) Deadline to file complaint If an individual files a complaint with the Department, such complaint shall be filed within the 180-day period beginning on the date after the 180-day period under subsection (b)(1) has terminated. (2) Investigation by Attorney General Upon receiving a complaint of an alleged violation, the Attorney General shall complete an investigation within 360 days to determine whether a violation exists. (3) Final agency determination (A) Compliance determination For the purpose of determining whether an individual may commence a civil action described in subsection (a), a determination that the owner or operator of a consumer facing website or mobile application is in compliance with title III during the 360-day period after a complaint is filed with the Department is a final determination. (B) No determination For the purpose of determining whether an individual may commence a civil action described in subsection (a), the failure of the Attorney General to make a determination during the 360-day period after a complaint is filed with the Department shall be considered a final determination of compliance. 602. Definitions In this Act: (1) Consumer facing website The term consumer facing website means any website that is purposefully made accessible to the public for commercial purposes. (2) Mobile applications The term mobile application means a consumer facing software application that can be executed on a mobile platform, or a web-based software application that is tailored to a mobile platform but is executed on a server. . 3. Clerical amendment The table of contents of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) is amended by inserting after the item relating to section 515 the following new item: Title VI—Consumer Facing Websites and Mobile Applications Owned or Operated by a Private Entity Sec. 601. Administrative remedies. Sec. 602. Definitions. .