Reform Movement Overview
The ADA lawsuit reform movement gained serious momentum in 2024-2026 as serial litigation — where a small number of plaintiffs and law firms file hundreds of near-identical lawsuits — drew scrutiny from lawmakers, judges, and the Department of Justice. Four states now have active or proposed legislation, and a bipartisan federal bill could create a nationwide standard.
4
States with Active Bills
12+
Total Bills Introduced
1
Federal Bill Pending
120
Longest Cure Period (Days)
State-by-State Comparison at a Glance
Each state takes a different approach to ADA lawsuit reform. Some focus on cure periods, others on attorney oversight or penalty caps. Here's how they compare:
California — SB 84
In CommitteeIntroduced January 2025 · #1 ADA lawsuit state (3,252 in 2025)
120
day cure period
Key Feature
Longest cure window in nation
Counter-Suit
Not included
Attorney Oversight
Standard bar oversight
Utah — SB 68
In CommitteeIntroduced January 2025 · "Abusive Website Access Litigation" Act
90
day safe harbor
Key Feature
AG oversight + abuse presumption
Counter-Suit
Yes — if abusive filing proved
Attorney Oversight
AG referral mechanism
Missouri — 9 Bills
In Committee2024-2025 legislative session · Most aggressive state response
30
day cure period
Key Feature
9 overlapping bills, fee caps
Counter-Suit
Yes — multiple provisions
Attorney Oversight
AG authority + fee caps + sanctions
Kansas — Existing Law
Active LawEnacted · The original state-level ADA reform model
15
day cure period
Key Feature
Written notice required first
Counter-Suit
Not explicitly
Attorney Oversight
Standard
Federal — ADA 30 Days to Comply Act
IntroducedBipartisan bill · Would apply nationwide
30+30
day cure + extension
Key Feature
Nationwide uniform standard
Counter-Suit
Not included
Attorney Oversight
Written notice requirement
California SB 84: The 120-Day Right to Cure
California is the single most important state in ADA web accessibility litigation. With 3,252 federal ADA lawsuits filed in 2025 — more than any other state — California's approach to reform will have an outsized impact on the national landscape.
Senate Bill 84, introduced in January 2025, proposes the longest cure period in the nation: 120 days. If a business receives notice of an ADA violation, it would have four full months to remediate the issue before a lawsuit can proceed. If the business cures the violation within the window, the case is dismissed.
Why 120 Days Matters
- •Longest in the nation: Utah offers 90 days, Missouri 30 days, Kansas 15 days, and the federal proposal 30 days (+30 extension). California's 120-day window gives businesses the most generous timeline to achieve compliance.
- •Realistic for complex sites: Large e-commerce sites and web applications can have thousands of pages. 15-30 days is barely enough to scope the project. 120 days allows for proper assessment, remediation, and testing.
- •Hits the #1 lawsuit state: California's volume makes this the most consequential reform bill in the country. If passed, it would immediately impact thousands of pending and future lawsuits.
Utah SB 68: The 90-Day Safe Harbor with Teeth
Utah's "Abusive Website Access Litigation" Act goes beyond a simple cure period. SB 68 creates a comprehensive anti-abuse framework with three interconnected mechanisms:
1. The 90-Day Safe Harbor
Businesses that receive notice of a web accessibility violation have 90 days to remediate. During this window, no lawsuit can proceed. If the business fixes the issues, the case is dismissed. This creates a rebuttable presumption that the lawsuit was abusive if the business remediates within the window.
2. Attorney General Referral
SB 68 includes a mechanism for courts to refer suspected abusive filings to the Utah Attorney General. This puts state enforcement power behind the anti-abuse provisions — a significant deterrent against serial plaintiffs who target businesses in bulk.
3. Counter-Suit Provisions
If a court determines that an ADA website lawsuit was filed in an abusive pattern — such as filing dozens of near-identical claims across unrelated businesses — the defendant can counter-sue for costs and attorneys' fees. This flips the economic incentive: serial filers now face financial risk.
Missouri: The Nine-Bill Legislative Blitz
Missouri has taken the most aggressive approach to ADA lawsuit reform. Between 2024 and 2025, Missouri lawmakers introduced nine separate bills targeting different aspects of ADA litigation abuse. While the bills vary in scope, the collective thrust is unmistakable: Missouri wants to make it harder for serial plaintiffs to profit from accessibility lawsuits.
Key Provisions Across Missouri's Bills
- •30-day cure period: Written notice required before filing suit, with 30 days to fix the violation
- •Attorney fee caps: Limits on the amount plaintiffs' attorneys can recover in ADA settlement cases
- •AG enforcement authority: The Missouri Attorney General gains specific authority over serial ADA filers
- •Counter-suit provisions: Businesses can recover costs and fees when lawsuits are determined to be abusive
- •Pattern-filing disclosure: Plaintiffs may be required to disclose the total number of ADA lawsuits they've filed
- •Sanctions for bad faith: Courts can sanction attorneys who file frivolous or duplicative ADA claims
Missouri's blitz approach reflects the severity of the issue in the state. While Missouri isn't among the top 5 states for ADA filings, the concentration of serial filings by a few law firms prompted a bipartisan legislative response that goes further than any other state.
Kansas: The Original Model Law
Kansas pioneered the state-level ADA reform approach with a law that requires written notice before filing an ADA lawsuit, giving businesses 15 days to cure the violation. While the cure period is the shortest among reform states, Kansas proved that the model works — and inspired the legislation now moving through California, Utah, and Missouri.
The Kansas model established several precedents that later bills built upon: mandatory written notice, a cure window before litigation can proceed, and dismissal if the violation is remediated. What's changed in newer bills is the scope — longer cure periods, counter-suit provisions, and attorney general oversight are all extensions of the Kansas framework.
Federal: The ADA 30 Days to Comply Act
While states pursue their own reforms, a bipartisan federal bill could create a uniform nationwide standard. The ADA 30 Days to Comply Act would require:
Written Notice Required
Before filing an ADA lawsuit, the plaintiff must send a written notice to the business describing the specific accessibility violation.
30-Day Cure Window
The business has 30 days from receiving notice to remediate the accessibility issue. If cured, no lawsuit can proceed.
30-Day Extension
If the business demonstrates substantial progress toward compliance, it can receive an additional 30-day extension — bringing the total to 60 days.
⚡ Federal vs. State: If the federal bill passes, it would likely preempt state cure-period laws and create a single 30+30 day standard nationwide. This would simplify compliance for businesses operating across multiple states but would be shorter than California's proposed 120 days.
ADA Lawsuit Landscape: Why Reform Is Happening Now
The push for ADA lawsuit reform isn't happening in a vacuum. It's a response to years of escalating litigation — and troubling patterns in how that litigation plays out.
Federal ADA Lawsuit Filings (2020-2025)
Source: Seyfarth Shaw ADA Title III Annual Report, February 2026
The Serial Litigation Pattern
The DOJ itself highlighted the problem in the Fashion Nova case: Class Counsel had filed 500+ identical lawsuits between 2019-2023. The lead plaintiff had personally filed 20 cases alleging the same four accessibility barriers. A small number of plaintiffs and law firms generate a disproportionate share of all ADA web accessibility lawsuits.
This doesn't mean ADA web accessibility isn't important — it absolutely is. But when the enforcement mechanism enriches attorneys more than it helps disabled users, something needs to change. That's the gap these reform laws aim to fill.
State Migration: Where ADA Lawsuits Are Moving in 2026
One of the most significant developments in 2025 was the dramatic geographic shift in ADA filing patterns. As federal courts in traditional hotspots crack down on serial plaintiffs, lawsuits are migrating to new states — which is exactly why state-level reform matters more than ever.
📈 Rising States
- Illinois+65%
- 399 → 659 filings (NY plaintiff attorneys migrating)
- FloridaNow #2
- 1,823 filings — surpassed New York for first time
- IndianaNew Entrant
- 88 filings — appeared in top 10 for first time
📉 Declining States
- New York-54%
- 3,173 → 1,471 filings (federal judges cracking down on standing)
- Montana0 filings
- North Dakota0 filings
- South Dakota0 filings
💡 Why this matters for reform: As lawsuits migrate to new states, businesses in Illinois, Florida, Indiana, and other emerging hotspots face increasing risk. State reform laws create local protection — but only if your state has one. This patchwork is one reason the federal ADA 30 Days to Comply Act matters.
Read more: ADA Website Lawsuit Statistics 2026: Complete Data Breakdown
What's Coming Next: States to Watch
Based on current legislative trends and the geographic migration of ADA lawsuits, we expect additional reform bills in the 2026-2027 legislative sessions. Here's where to watch:
Florida
Now the #2 state for ADA filings (1,823 in 2025), Florida faces pressure from the Cox TV investigations airing in Jacksonville and Orlando markets. With serial plaintiffs actively targeting Florida businesses, legislative reform is increasingly likely. Florida already has consumer protection mechanisms that could be extended to ADA enforcement.
Illinois
The 65% surge in filings (399 → 659) suggests that ADA plaintiff attorneys who traditionally operated in New York are migrating to Illinois — where federal courts may be less skeptical of serial filers. As Illinois businesses feel the impact, legislative pushback is likely.
Texas
Texas has a strong business-friendly legislative tradition and is already a significant ADA filing state. If migration patterns continue, Texas could be among the next states to introduce reform legislation.
New York
Despite the 54% drop in filings, New York still had 1,471 ADA lawsuits in 2025. Federal judges in SDNY and EDNY have been doing much of the reform work themselves — scrutinizing standing and ordering jurisdictional discovery in cases like Fernandez v. Cuddle Clones. Whether the legislature follows the courts' lead remains to be seen.
Business Strategy: Why Proactive Beats Reactive — Even with Reform Laws
Here's the critical point that many businesses miss: reform laws don't eliminate the need for accessibility. They change the enforcement mechanism. The ADA obligation is the same whether your state has a cure period or not. And relying on a cure period after being sued is still more expensive and stressful than proactive compliance.
✅ Proactive Monitoring: Your Strongest Legal Shield
- 1.You never need the cure period. If your website is already accessible, serial plaintiffs skip you for easier targets.
- 2.Documentation proves good faith. Regular scan reports show courts you're actively maintaining compliance — the exact evidence the DOJ said was missing in Fashion Nova.
- 3.You catch regressions before plaintiffs do. New pages, design changes, third-party widgets — automated monitoring detects accessibility issues as they happen, not months later in a complaint.
- 4.It costs a fraction of legal defense. Monitoring starts at $29/month vs. $25,000-$100,000+ in legal defense costs. The math isn't even close.
❌ The Cure-Period Trap
Businesses that think "I'll just use the cure period if I get sued" are making a costly mistake:
- •You still have to pay for emergency remediation ($10,000-$50,000)
- •You still have to respond to legal notices (attorney time = $$$)
- •Complex sites may not be fixable within the cure window
- •You're still flagged as a target — fix one issue, get sued for another
- •Reform laws may not pass — or may be struck down in court
Don't Wait for a Cure Period — Prevent the Lawsuit
Whether your state has a cure-period law or not, proactive accessibility monitoring is the strongest legal shield available. RatedWithAI provides continuous WCAG compliance scanning with documented reports — the evidence courts want to see.
Free scan includes WCAG 2.1 AA compliance check · No credit card required · Results in under 60 seconds
Frequently Asked Questions
Which states have ADA website lawsuit reform laws in 2026?
As of February 2026, four states have introduced or passed legislation reforming ADA website accessibility lawsuits: California (SB 84 — 120-day right to cure), Utah (SB 68 — 90-day safe harbor with attorney general oversight), Missouri (9 bills including 30-day cure periods and attorney fee caps), and Kansas (existing model law with 15-day cure period). Additionally, the federal ADA 30 Days to Comply Act has been introduced in Congress.
What is a right-to-cure period for ADA violations?
A right-to-cure period gives businesses a set number of days to fix an ADA violation after being notified, before a lawsuit can proceed. Cure periods range from 15 days (Kansas) to 120 days (California SB 84). If the business remediates the violation within the window, the lawsuit is dismissed.
Does a right-to-cure law mean I don't need to make my website accessible?
No. Right-to-cure laws do not eliminate the requirement for website accessibility under the ADA. They change the enforcement mechanism — giving businesses a chance to fix issues before a lawsuit progresses. The ADA obligation remains the same. Proactive compliance is always better than relying on a cure period after being sued.
What is the federal ADA 30 Days to Comply Act?
The ADA 30 Days to Comply Act is a bipartisan federal bill that would require a 30-day written notice before filing an ADA lawsuit. The business would have 30 days to cure the violation, and if it demonstrates substantial progress, could receive an additional 30-day extension. If passed, this would apply nationwide.
How does California SB 84 compare to other state ADA reform laws?
California SB 84 proposes the longest cure period at 120 days. For comparison: Kansas offers 15 days, Missouri 30 days, Utah 90 days, and the federal proposal 30 days (plus 30-day extension). SB 84 is particularly significant because California has the most ADA lawsuits of any state (3,252 in 2025).
What happens if more states pass ADA reform laws?
If more states pass cure-period laws, it could create a patchwork of different requirements across the country — which is one argument for the federal ADA 30 Days to Comply Act. Businesses operating in multiple states should maintain proactive compliance as the safest strategy regardless of local laws.
Are ADA website lawsuits increasing or decreasing?
ADA website accessibility lawsuits reached 8,667 federal filings in 2025. While the total dipped slightly from the 2024 peak, the geographic distribution is shifting: Illinois surged 65%, New York dropped 54%, and Florida became the #2 state. Pro se lawsuits accounted for 1,867 in just 9 months.
How can businesses prepare for ADA reform laws?
The best preparation is proactive accessibility monitoring. Set up automated WCAG scanning, document remediation efforts, and maintain compliance records. Even under cure-period laws, you need documented proof of good faith effort to trigger safe harbor protections. Tools like RatedWithAI provide continuous monitoring starting at $29/month.
Sources
- Seyfarth Shaw — ADA Title III Federal Lawsuit Filings Fall Slightly to 8,667 in 2025 (February 2026)
- California Legislature — SB 84 Bill Text
- Department of Justice — Statement of Interest, Alcazar v. Fashion Nova Inc. (February 2, 2026)
- Seyfarth Shaw — Cuddle Clones Jurisdictional Discovery Order (February 23, 2026)
- Congress.gov — ADA Compliance for Websites Act / 30 Days to Comply Act
Related Articles
Legal
California SB 84: The 120-Day ADA Right to Cure
Full analysis of California's proposed 120-day cure period — the longest in the nation.
Legal
Utah & Missouri Anti-ADA Lawsuit Bills
How Utah's 90-day safe harbor and Missouri's 9-bill blitz are reshaping enforcement.
Legal
Courts Fighting Back Against Serial ADA Plaintiffs
How judges are scrutinizing standing and ordering discovery in serial ADA cases.
Legal
Fashion Nova Settlement Rejected by DOJ
Why the DOJ opposed a $5.15M settlement — and what it means for monitoring.
Legal
Florida ADA Website Lawsuits 2026
Cox TV investigations and serial plaintiffs targeting Jacksonville and Orlando businesses.
Data
ADA Lawsuits Up 40%: AI-Powered Pro Se Filings
How AI is enabling a new wave of self-filed ADA lawsuits — 1,867 in 9 months.