Kansas City, MO, February 14, 2026
Missouri lawmakers are advancing the ‘Act Against Abusive Website Access Litigation’ to shield small businesses from increasing ADA website lawsuits. The legislation aims to provide clarity and a ‘cure window’ for businesses to address accessibility issues before litigation occurs. This initiative reflects a bipartisan effort to foster a supportive environment for local entrepreneurs while ensuring genuine accessibility for all.
Kansas City, MO
Missouri Moves to Shield Small Businesses from ADA Lawsuits
Lawmakers are advancing legislation to protect local entrepreneurs and foster a more predictable environment for economic growth, addressing concerns over increasing Americans with Disabilities Act website litigation.
Across Missouri, small businesses, the lifeblood of our communities and engines of economic growth, have faced a rising tide of legal challenges concerning website accessibility. These challenges, often framed as “sue-and-settle” tactics, have drawn the attention of state lawmakers who are now moving to implement reforms designed to protect entrepreneurial innovation and foster a more stable operating environment. The proposed changes aim to strike a balance, ensuring genuine accessibility for all while safeguarding small businesses from litigation perceived as primarily profit-driven.
The spirit of free enterprise thrives on clarity and fair play, and many local business owners have expressed frustration over the ambiguity surrounding digital accessibility compliance. This legislative push reflects a commitment to supporting the resilience of Missouri’s small business community, allowing them to focus on growth, job creation, and serving their customers without the constant threat of unexpected and costly legal disputes.
Understanding the Rise of Website Accessibility Lawsuits
In recent years, Missouri has seen a notable increase in lawsuits filed under the Americans with Disabilities Act (ADA) concerning website accessibility. Over 100 locally owned businesses across the state have been targeted. Some reports indicate that more than 75 Missouri organizations, including non-profits, faced such lawsuits in 2024 and 2025 alone. This trend has positioned Missouri among the top states for ADA website litigation.
These legal actions often target a wide array of small businesses, including those in retail, food service, entertainment, health, and hospitality sectors. Many of these businesses, particularly those without in-house IT or accessibility expertise, are frequent targets because settling claims can often appear less costly than undertaking a lengthy legal defense. A common concern raised by lawmakers and business advocates is that many of these lawsuits utilize a “cookie-cutter” format, with nearly identical complaints filed by a limited number of plaintiffs and law firms. These practices have been described as “sue-and-settle,” where the primary goal is often to secure quick financial settlements rather than genuinely improve website accessibility. Settlement costs for some businesses in areas like the Lake of the Ozarks have reportedly ranged from $10,000 to $20,000.
Navigating Unclear Digital Accessibility Standards
A significant challenge for Kansas City small businesses and others throughout Missouri has been the lack of clear federal standards for website accessibility. While the ADA was originally enacted to address accessibility in physical spaces, courts have increasingly applied its principles to online environments. This evolving interpretation, without explicit federal guidance for private businesses under ADA Title III, has created uncertainty regarding what constitutes full compliance. However, the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards are frequently referenced by courts as a benchmark in digital accessibility lawsuits. This ambiguity has, in some cases, created an environment ripe for opportunistic litigation, prompting calls for more defined regulatory frameworks at both state and federal levels.
Missouri’s Legislative Response: The Act Against Abusive Website Access Litigation
In a strong bipartisan effort, Missouri lawmakers have introduced and advanced legislation known as the “Act Against Abusive Website Access Litigation”. This state-level initiative seeks to provide crucial protections for Missouri MO entrepreneurs. The proposed bills aim to create a more equitable legal landscape by requiring that businesses receive reasonable notice of alleged website accessibility violations before a lawsuit can proceed. This notice provision is a cornerstone of the reform, allowing businesses a defined period to correct issues proactively.
Key provisions of the legislation include a “cure window” for businesses to address alleged accessibility problems. The version passed by the Missouri House proposes a 90-day period for remediation. A separate proposal in the Senate suggests a 30-day window. This opportunity to fix issues in good faith before facing legal action is intended to prioritize actual accessibility improvements over punitive litigation. The bill also empowers the Missouri Attorney General, or a resident facing such litigation, to initiate a civil action to determine if a lawsuit is indeed abusive. This mechanism provides a channel for accountability when litigation appears to be driven by profit motives rather than genuine accessibility concerns.
Enhancing Legal Fairness and Accountability
The proposed legislation introduces several measures to enhance fairness in the legal process. It establishes a rebuttable presumption that litigation is abusive if a defendant demonstrates substantial good-faith efforts to correct an alleged accessibility violation within the prescribed notice period, typically 90 days in the House version. Courts would be able to consider various factors when evaluating whether a lawsuit is abusive, such as whether the same plaintiff or attorney has filed numerous similar lawsuits without genuine efforts to improve accessibility, whether the defendant was given reasonable notice and an opportunity to fix the issue, and the overall history of the plaintiff or their counsel. If a court determines that litigation is abusive, it could award attorney’s fees and costs to the defendant, and potentially even punitive damages. Furthermore, the Attorney General would gain authority to intervene in such cases and issue guidance to clarify what constitutes abusive litigation practices. These provisions are designed to discourage predatory practices while upholding the fundamental rights of individuals with disabilities to access online services. The bill would also expire if federal website accessibility standards are eventually issued under Title III of the ADA.
Federal and State Collaboration for Business Protection
The momentum for these reforms extends beyond Missouri’s state capitol. U.S. Representative Sam Graves of Missouri has introduced federal legislation, the “Protecting Small Businesses from Predatory Website Lawsuits Act,” which mirrors the state’s efforts by proposing a notice-and-cure period of 180 days before civil lawsuits can be filed regarding website compliance. This demonstrates a broader, bipartisan recognition of the need to protect small businesses nationwide from exploitative legal tactics. The Missouri House has already passed its package of bills with unanimous support, signaling strong legislative consensus. The legislation now awaits consideration in the Senate, carrying the hopes of countless Kansas City small business owners for a more predictable and just operating environment.
Supporting Missouri’s Economic Growth
These legislative efforts are more than just legal adjustments; they represent a significant step towards fostering a more robust and predictable environment for Midlands economic growth. By providing clear pathways for compliance and discouraging opportunistic litigation, Missouri lawmakers are empowering small business owners to invest confidently in their digital presence and expand their services to all customers. This proactive approach helps ensure that businesses can thrive, create jobs, and contribute to the economic vitality of Kansas City and the entire state, reinforcing the principle that limited, common-sense regulation can indeed accelerate economic prosperity. Proactive website auditing and remediation are still encouraged to ensure genuine accessibility and to serve the community effectively.
The commitment to supporting local businesses and ensuring a fair legal landscape is crucial for the continued success of Kansas City MO business. As this important legislation moves forward, it offers a beacon of hope for entrepreneurs seeking to innovate and grow without undue burden, demonstrating that responsible governance can indeed champion both accessibility and economic freedom.
Frequently Asked Questions
- What is the main concern addressed by Missouri lawmakers regarding ADA lawsuits?
- The main concern is the surge in Americans with Disabilities Act (ADA) website lawsuits against Missouri small businesses, often involving “sue-and-settle” tactics where lawsuits are filed for minor or easily correctable website accessibility issues, with the primary goal of securing quick settlements rather than improving accessibility.
- How many businesses in Missouri have been targeted by these lawsuits?
- Over 100 locally owned businesses across Missouri have been targeted by lawsuits concerning compliance with the Americans with Disabilities Act on websites. Some reports indicate that more than 75 Missouri organizations, including non-profits, faced such lawsuits in 2024 and 2025 alone.
- What are the key provisions of Missouri’s proposed “Act Against Abusive Website Access Litigation”?
- The key provisions of Missouri’s proposed legislation include requiring reasonable notice to businesses before a lawsuit can be filed, providing a “cure window” of 90 days (in the House version) for businesses to correct alleged violations, allowing the Missouri Attorney General or a resident to file a civil action to determine if a lawsuit is abusive, and establishing a rebuttable presumption of abusive litigation if a defendant makes substantial good-faith efforts to correct an alleged accessibility violation within the notice period.
- What happens if a lawsuit is found to be abusive under the new Missouri legislation?
- If litigation is found to be abusive by a court under the new Missouri legislation, the court can award attorney’s fees and costs to the defendant, and potentially punitive damages.
- Does the proposed legislation affect genuine ADA compliance efforts?
- The proposed legislation aims to balance legitimate ADA enforcement with protecting businesses from opportunistic lawsuits. Lawmakers emphasize the importance of genuine ADA compliance for individuals with disabilities, and the bill prioritizes actual accessibility improvements over punitive litigation.
Key Features of Missouri’s ADA Website Litigation Reform
| Feature | Description | Scope |
|---|---|---|
| Bill Name | “Act Against Abusive Website Access Litigation” (House Bill 1694 and similar proposals) | State-level |
| Notice Requirement | Requires reasonable notice to businesses of alleged website accessibility violations before a lawsuit can proceed. | State-level |
| Cure Window | Provides businesses with a period to correct alleged violations. House version proposes 90 days. | State-level |
| Abusive Litigation Determination | Allows the Missouri Attorney General or a resident to file a civil action to determine if a lawsuit is abusive. Courts can consider factors like repeated filings and primary goal of extracting payment. | State-level |
| Rebuttable Presumption | Establishes a rebuttable presumption of abusive litigation if a defendant makes substantial good-faith efforts to correct a violation within the notice period. | State-level |
| Legal Remedies for Abusive Litigation | Courts can award attorney’s fees, costs, and potentially punitive damages to defendants if litigation is found abusive. | State-level |
| Attorney General Authority | The Attorney General can intervene in cases and issue guidance on abusive litigation practices. | State-level |
| Federal Companion Bill | U.S. Rep. Sam Graves introduced the “Protecting Small Businesses from Predatory Website Lawsuits Act,” proposing a 180-day notice-and-cure period before litigation. | Nationwide |
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Author: STAFF HERE KANSAS CITY WRITER
The KANSAS CITY STAFF WRITER represents the experienced team at HEREKansasCity.com, your go-to source for actionable local news and information in Kansas City, Jackson County, and beyond. Specializing in "news you can use," we cover essential topics like product reviews for personal and business needs, local business directories, politics, real estate trends, neighborhood insights, and state news affecting the area—with deep expertise drawn from years of dedicated reporting and strong community input, including local press releases and business updates. We deliver top reporting on high-value events such as American Royal World Series of Barbecue, Dia De Los Muertos, and Planet Anime Kansas City. Our coverage extends to key organizations like the Greater Kansas City Chamber of Commerce and United Way of Greater Kansas City, plus leading businesses in healthcare, finance, and entertainment that power the local economy such as Children's Mercy Hospital, Government Employees Health Association, and AMC Entertainment. As part of the broader HERE network, including HEREStLouis.com, we provide comprehensive, credible insights into Missouri's dynamic landscape.
