AB 1404: Disability Access Litigation

On February 17, 2023, Assembly Bill 1404 by Assemblywoman Wendy Carrillo (D-Los Angeles) dealing with internet website accessibility claims. AB 1404 would add Civil Code Section 55.33.

First, the bill would provide definitions for the following terms: “complaint,” “demand letter,” “Internet website-related accessibility claim,” “Internet website-related accessibility standard,” and “small business.”

Second, an attorney is required to provide a copy of the written advisory notice with each demand letter or complaint sent to or served upon a small business alleging an internet website-related accessibility claim. Until the Judicial Council adopts this notice, the attorney is required to provide a written statement that replicates the advisory notice described in this section.

Third, a small business defendant’s liability for statutory damages in an internet website-related accessibility claim is reduced to a maximum of $25 if the small business defendant corrects the violation within 60 days of receiving the notice.

Fourth, the Judicial Council is required to adopt a written advisory notice that is to be used by a plaintiff’s attorney to comply with the requirements specified. In addition, this advisory notice must be made available in English, Spanish, Chinese, Vietnamese, and Korean.

Fifth, the advisory notice is required to state specified information. It would include information such as “you have important legal obligations and legal rights.” It also would specify that the defendant has a right to correct a violation.

Sixth, this section does not apply to an action brought by the Attorney General or any district attorney, city attorney, or county counsel, and this section applies only to claims filed on or after January 1, 2024.