SF 2380

Senate
File
2380
-
Reprinted
SENATE
FILE
2380
BY
COMMITTEE
ON
TECHNOLOGY
(SUCCESSOR
TO
SSB
3174)
(As
Amended
and
Passed
by
the
Senate
March
10,
2026
)
A
BILL
FOR
An
Act
relating
to
abusive
litigation
alleging
internet
site
1
accessibility
violations,
and
including
applicability
2
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
685A.1
Definitions.
1
As
used
in
this
chapter,
unless
the
context
otherwise
2
requires:
3
1.
“Access
violation”
means
any
allegation
that
a
public
4
accommodation
does
not
provide
sufficient
access
under
Tit.
5
III
of
the
federal
Americans
with
Disabilities
Act
of
1990,
42
6
U.S.C.
§12181
et
seq.,
under
chapter
216,
or
under
any
other
7
similar
state
or
federal
law
relating
to
accessibility.
8
2.
“Good-faith
attempt”
includes
but
is
not
limited
to
9
the
utilization
of
an
industry-recognized
program
or
platform
10
designed
to
assist
internet
site
operators
in
complying
11
with
internet
site
accessibility
regulations,
the
hiring
or
12
contracting
with
an
entity
that
specializes
in
assisting
13
internet
site
operators
in
complying
with
internet
site
14
accessibility
regulations,
or
an
attempt
to
comply
with
15
accessibility
regulations
deemed
reasonable
by
the
court.
16
3.
“Public
accommodation”
means
the
same
as
defined
in
17
42
U.S.C.
§2000a
et
seq.
“Public
accommodation”
includes
an
18
internet
site
operated
by
a
resident.
19
4.
“Resident”
means
an
individual
domiciled
in
this
20
state,
or
an
entity
organized
under
the
laws
of
this
state
or
21
authorized
to
transact
business
in
this
state
and
registered
22
with
the
secretary
of
state.
23
Sec.
2.
NEW
SECTION
.
685A.2
Civil
action
for
determination
24
of
abusive
litigation.
25
1.
The
attorney
general,
on
behalf
of
a
class
of
residents
26
pursuant
to
rule
1.261
of
the
Iowa
rules
of
civil
procedure,
27
that
is
subject
to
litigation
alleging
an
internet
site
access
28
violation,
or
any
resident
who
is
subject
to
such
litigation,
29
may
file
a
civil
action
against
the
party,
attorney,
or
30
law
firm
that
initiated
such
litigation
for
a
determination
31
of
whether
the
litigation
alleging
an
internet
site
access
32
violation
constitutes
abusive
litigation.
33
2.
In
determining
whether
litigation
alleging
an
internet
34
site
access
violation
constitutes
abusive
litigation,
the
court
35
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shall
consider
the
totality
of
the
circumstances
to
determine
1
whether
the
primary
purpose
of
the
litigation
alleging
an
2
internet
site
access
violation
is
to
obtain
payment
from
the
3
defendant
due
to
the
cost
of
defending
the
action
rather
than
4
to
remedy
the
internet
site
access
violation.
In
making
this
5
determination,
the
court
may
consider,
but
is
not
limited
to,
6
the
following
factors:
7
a.
The
number
of
substantially
similar
actions
filed
by
the
8
same
plaintiff,
attorney,
or
law
firm,
and
any
history
of
such
9
plaintiff,
attorney,
or
law
firm
filing
frivolous
litigation
or
10
litigation
declared
abusive
by
a
court
in
the
past
ten
years.
11
b.
The
number
of
full-time
employees
employed
by
the
12
defendant
and
the
resources
available
to
the
defendant
to
13
engage
in
litigation.
14
c.
The
resources
available
to
the
defendant
to
correct
the
15
alleged
internet
site
access
violation.
16
d.
Whether
the
jurisdiction
or
venue
where
the
action
17
is
brought
creates
a
substantial
obstacle
to
defending
the
18
litigation.
19
e.
Whether
the
filing
party
or
attorney
is
a
resident
or
is
20
licensed
to
practice
law
in
this
state.
21
f.
The
nature
of
settlement
discussions
and
the
22
reasonableness
of
settlement
offers
and
refusals
to
settle.
23
Such
settlement
information
shall
be
used
only
for
purposes
of
24
this
chapter
and
shall
not
otherwise
alter
applicable
rules
of
25
evidence.
26
g.
Whether
factors
supporting
sanctions
exist
under
27
rule
1.413
of
the
Iowa
rules
of
civil
procedure
and
whether
28
sanctions
would
be
appropriate.
29
3.
a.
If
a
defendant
in
litigation
alleging
an
internet
30
site
access
violation
makes
a
good-faith
attempt
to
correct
the
31
alleged
violation
within
thirty
days
after
receiving
written
32
notice
or
being
served
with
a
petition
containing
sufficient
33
detail
to
identify
and
correct
the
alleged
violation,
34
there
shall
be
a
rebuttable
presumption
that
the
subsequent
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initiation
or
continuation
of
litigation
constitutes
abusive
1
litigation.
2
b.
The
rebuttable
presumption
shall
not
apply
if
the
alleged
3
internet
site
access
violation
is
not
corrected,
as
determined
4
by
the
court,
within
ninety
days
after
written
notice
or
5
service
of
the
petition.
6
c.
The
court
shall
not
determine
whether
the
litigation
is
7
abusive
until
the
expiration
of
the
ninety-day
period
or
until
8
the
alleged
violation
is
corrected,
whichever
occurs
first.
9
Sec.
3.
NEW
SECTION
.
685A.3
Attorney
general
determination.
10
If
the
attorney
general
issues
a
written
determination
that
11
litigation
alleging
an
internet
site
access
violation
is
not
12
abusive
and
such
written
determination
is
attached
to
the
13
petition
in
the
litigation
alleging
an
internet
site
access
14
violation,
there
shall
be
a
rebuttable
presumption
that
the
15
litigation
is
not
abusive.
16
Sec.
4.
NEW
SECTION
.
685A.4
Remedies.
17
1.
If
the
court
determines
that
litigation
alleging
an
18
internet
site
access
violation
constitutes
abusive
litigation,
19
the
court
may
award
to
the
prevailing
party
reasonable
attorney
20
fees
and
costs
incurred
in
bringing
the
action
under
this
21
chapter
and
in
defending
against
the
underlying
abusive
22
litigation.
23
2.
In
addition
to
attorney
fees
and
costs,
the
court
may
24
award
punitive
damages
or
impose
sanctions
not
to
exceed
three
25
times
the
amount
of
attorney
fees
awarded
under
subsection
1.
26
3.
At
the
conclusion
of
the
underlying
litigation
alleging
27
an
internet
site
access
violation,
the
court
shall
review
any
28
determination
of
whether
the
litigation
is
abusive
and
any
29
award
of
attorney
fees
to
determine
the
reasonableness
of
the
30
award
prior
to
entry
of
judgment.
The
results
obtained
in
the
31
litigation
alleging
an
internet
site
access
violation
shall
be
32
weighed
heavily,
particularly
if
the
plaintiff
prevailed.
33
Sec.
5.
NEW
SECTION
.
685A.5
Repeal.
34
If
the
federal
department
of
justice
issues
standards
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concerning
internet
site
accessibility
under
Tit.
III
of
the
1
federal
Americans
with
Disabilities
Act
of
1990,
42
U.S.C.
2
§12181
et
seq.,
the
attorney
general
shall
notify
the
Iowa
Code
3
editor.
Upon
receipt
of
such
notification,
this
chapter
shall
4
be
repealed.
5
Sec.
6.
APPLICABILITY.
This
Act
applies
to
actions
6
commenced
on
or
after
July
1,
2026.
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