Missouri SB 907 Accessibility Safe Harbor: 90-Day Cure Period and Lawsuit Defense

Missouri SB 907 creates a statutory safe harbor for businesses facing digital accessibility claims by mandating a 90-day cure period. Learn how to qualify and maintain continuous compliance.

On August 28, 2026, Missouri Senate Bill 907 (SB 907) formally took effect, introducing one of the country's most significant legislative safe harbors against predatory digital accessibility litigation. Under the new statute, commercial entities operating in Missouri cannot be subjected to immediate statutory damages or plaintiff legal fee awards without being provided a mandatory 90-day pre-litigation notice and right to cure.

Key Statutory Rule: The 90-Day Cure Window

Plaintiffs must provide a verified, specific written notice identifying the exact digital accessibility barrier and relevant WCAG failure point. If the business remediates the barrier within 90 calendar days of receipt, civil litigation is barred.

Overview of Missouri SB 907 and Safe Harbor Rules

For years, businesses across the United States have faced automated high-volume demand letters and federal lawsuits under Title III of the Americans with Disabilities Act (ADA) and state civil rights statutes. Many plaintiff firms use headless scanning bots to target hundreds of websites simultaneously, demanding cash settlements between $15,000 and $50,000 without ever intending to use the underlying service.

Missouri SB 907 was enacted to distinguish genuine accessibility barriers from abusive commercial shakedowns. It establishes clear procedural hurdles for plaintiffs while providing responsible web operators a protected window to execute native code remediation.

How the 90-Day Cure Notice Process Operates

To trigger liability under Missouri law, a claimant must deliver a formal "Notice of Inaccessibility" that meets strict evidentiary thresholds:

  1. Specific URL and Component Mapping: Generic claims such as "the website fails WCAG" are statutorily invalid. The notice must detail the specific user flow (e.g., checkout form, video player, or PDF document) and assistive technology involved.
  2. Timestamped Remediation Clock: Upon formal receipt via registered mail or designated compliance portal, the 90-day cure window begins immediately.
  3. Verification and Audit Defense: The defendant must demonstrate that the identified barrier has been remediated in compliance with WCAG 2.1 or 2.2 Level AA guidelines.

Sanctions for Bad-Faith and Boilerplate Filers

SB 907 introduces landmark fee-shifting protections. If a plaintiff files suit before the 90-day period expires, or pursues litigation after the business has successfully cured the reported defect, the court is authorized to award full defense attorney fees and assess monetary sanctions against both the plaintiff and their legal counsel.

Why Safe Harbor Does Not Lower WCAG 2.2 AA Standards

Compliance Dimension Missouri SB 907 Safe Harbor Standard ADA Title III Lawsuit
Pre-Suit Notice Mandatory 90-day written notice required No notice required (immediate complaint filing)
Technical Benchmark WCAG 2.1 / 2.2 Level AA WCAG 2.1 / 2.2 Level AA judicial consensus
Right to Cure Full defense if cured within 90 days No formal safe harbor (settlement or litigation)
Plaintiff Fee Awards Barred if remediated within cure window Standard statutory recovery for prevailing plaintiff

Deploying Continuous Automated Monitoring for Legal Protection

While SB 907 grants a 90-day cure window, fixing complex legacy architectures, broken single-page app checkouts, or hundreds of untagged PDF assets in 90 days can overwhelm engineering teams. Furthermore, federal ADA Title III actions in federal district courts outside Missouri are not bound by state safe harbors.

The only foolproof legal defense is continuous, automated WCAG 2.2 AA compliance monitoring. Rogabot scans your entire domain every month, detects regressions before plaintiffs do, and provides your engineering team with copy-paste PR diffs to resolve issues immediately.

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Scan your domain in 60 seconds with Rogabot and get instant PR-ready code diffs to prevent ADA lawsuit exposure.

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