Oklahoma § 12-2003.3

§ 12-2003.3.

claim.

Commencement of action based on website accessibility

Oklahoma Statutes - Title 12. Civil Procedure

COMMENCEMENT OF ACTION BASED ON WEBSITE ACCESSIBILITY CLAIM

A. Prior to filing any civil action or a petition for

injunctive relief based on a claim that an organization's website

does not conform with applicable law, codes and standards for

websites for the visually or hearing impaired, the plaintiff shall

notify the defendant in writing of the plaintiff's assertion that

its website does not comply with applicable law, codes and standards

regulating the functionality of an organization's website to

accommodate visually or hearing impaired individuals and the

specific violations that the plaintiff asserts. The notice shall be

sent by certified mail with return receipt requested at least one

hundred twenty (120) days prior to the filing of a petition for

injunctive relief.

B. In any civil action or action for injunctive relief based on

a claim that an organization's website does not conform with

applicable law, codes and standards for the visually or hearing

impaired, the plaintiff shall attach to the petition:

1. A copy of the notice required by subsection A of this

section; and

2. A copy of the certified mail return receipt signed by the

defendant or person authorized to receive service of process for the

defendant.

C. If a civil action or action for injunctive relief that is

based on a claim that an organization's website does not conform

with applicable law, codes and standards for the visually or hearing

impaired is filed without the documentation required by subsection B

of this section or if the petition is filed less than one hundred

twenty (120) days after the date the notice required by subsection A

of this section is sent, the court shall, upon motion of the

defendant, dismiss the action without prejudice to its refiling.

D. If the defendant corrects the alleged website defect prior

to the filing of the petition and the plaintiff files the petition,

the court shall dismiss the action and award court costs and

reasonable attorney fees to the defendant. In addition, the court

shall impose sanctions if the action is determined to be frivolous

pursuant to Section 2011 of Title 12 of the Oklahoma Statutes.

E. If the defendant has made a reasonable effort to correct the

defect but has not completed the correction within one hundred

twenty (120) days of notification as directed in subsection A of

this section or prior to the filing of the petition, the court may,

upon application of the defendant for good cause shown, grant the

defendant a reasonable extension of time, based on the nature of the

work needed on the website to correct the deficiency. If the

correction is completed within that period of time, the court shall

dismiss the action.

Added by Laws 2017, c. 92, § 1, eff. Nov. 1, 2017.

Oklahoma Statutes - Title 12. Civil Procedure