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 SF 2380 (2) 91 lh/jh/mb

S.F. 2380 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 -1- SF 2380 (2) 91 lh/jh/mb 1/ 4

S.F. 2380 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 35 -2- SF 2380 (2) 91 lh/jh/mb 2/ 4

S.F. 2380 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 35 -3- SF 2380 (2) 91 lh/jh/mb 3/ 4

S.F. 2380 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. 7 -4- SF 2380 (2) 91 lh/jh/mb 4/ 4