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2019 SESSION

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HB 2296 Rights of persons w/disabilities; procedure for certain actions, website accessibility of bank, etc.

Introduced by: James A. "Jay" Leftwich | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Rights of persons with disabilities; procedures for certain actions; website accessibility. Provides that when a complaint is filed alleging that the website of a bank, trust company, savings institution, or credit union does not comply with applicable law regarding its accessibility by the vision impaired or hearing impaired, the action shall be commenced no sooner than 120 days after the claimant files a written statement of the nature of the claim. The bill further provides that a website of a bank, trust company, savings institution, or credit union is in compliance with Virginia's laws prohibiting discrimination against people with disabilities if it meets the Web Content Accessibility Guidelines 2.0 Level AA as developed by the Web Accessibility Initiative.

SUMMARY AS PASSED HOUSE:

Rights of persons with disabilities; procedures for certain actions; website accessibility. Provides that when a complaint is filed alleging that the website of a bank, trust company, savings institution, or credit union does not comply with applicable law regarding its accessibility by the vision impaired or hearing impaired, the responsive pleading deadline shall be extended to 120 days after service of the summons and complaint upon the defendant to give such an entity an opportunity to cure any defect regarding its website accessibility. The bill further provides that, if the defendant files a responsive pleading stating that it has cured the defect, the court shall hold an evidentiary issue on the issue. The bill provides that the court shall dismiss an action or prayer for injunctive relief where it has found that the defendant has cured such a defect. The bill further provides that, in such a circumstance, the court may award reasonable attorney fees to the plaintiff.

SUMMARY AS INTRODUCED:

Rights of persons with disabilities; procedures for certain actions; website accessibility. Requires a person who alleges that the website of a bank, trust company, savings institution, or credit union does not comply with applicable law regarding its accessibility by the vision impaired or hearing impaired to provide such entity with notice of the alleged violation at least 120 days prior to filing a civil cause of action. If the entity cures the defect within the 120 days, then the court shall dismiss the action. The bill also requires the court to dismiss a cause of action filed after the defendant has cured the defect and award reasonable costs and attorney fees to the defendant.