Protecting Small Businesses from Predatory Website Lawsuits Act

No individual may commence a civil action for the failure of a consumer facing website or mobile application to comply with the title III until all administrative remedies under this section have been exhausted.

Prior to filing a complaint with the Attorney General under subsection (c), an individual must first notify the private owner or operator of a consumer facing website or mobile application that such website or mobile application is not in compliance with the standard for compliance under title III.

If, within 180 days after receiving notice under subsection (b), the owner or operator of a consumer facing website or mobile application fails to bring such website or such application into compliance with title III, an individual may file a complaint with the Department.

If an individual files a complaint with the Department of Justice (referred to in this title as the Department) under paragraph (1), a copy of such complaint shall be provided to the owner or operator of a consumer facing website or mobile application.

If an individual files a complaint with the Department, such complaint shall be filed within the 180-day period beginning on the date after the 180-day period under subsection (b)(1) has terminated.

Upon receiving a complaint of an alleged violation, the Attorney General shall complete an investigation within 360 days to determine whether a violation exists.

For the purpose of determining whether an individual may commence a civil action described in subsection (a), a determination that the owner or operator of a consumer facing website or mobile application is in compliance with title III during the 360-day period after a complaint is filed with the Department is a final determination.

For the purpose of determining whether an individual may commence a civil action described in subsection (a), the failure of the Attorney General to make a determination during the 360-day period after a complaint is filed with the Department shall be considered a final determination of compliance.

In this Act:

The term consumer facing website means any website that is purposefully made accessible to the public for commercial purposes.

The term mobile application means a consumer facing software application that can be executed on a mobile platform, or a web-based software application that is tailored to a mobile platform but is executed on a server.