The chapter is the exclusive remedy, and the administrative procedure is mandatory (§ 49-2-512(1)). A district court suit is available only after the Department of Labor and Industry dismisses the complaint, filed within 90 days of the dismissal notice (§ 49-2-512(3)). Relief is corrective and compensatory, generally with no punitive damages, plus discretionary attorney fees. There are no statutory damages. On top of that, the federal ADA applies in Montana as everywhere: a business that loses or settles a website accessibility suit pays the plaintiff’s attorney’s fees.
The law
The federal baseline
ADA Title III gives a private plaintiff no money damages, but a business that loses or settles pays the plaintiff’s attorney’s fees (42 U.S.C. § 12205 (opens in a new tab)). That fee-shifting is what makes a website claim expensive, in Montana and everywhere else.
Lawsuits in Montana
The lawsuit tracker has no indexed court records from Montana yet.
Questions
Can a business in Montana be sued over an inaccessible website?
Yes. The federal ADA applies in every state, and a plaintiff can sue in federal court for an order to fix the site plus attorney's fees. Under Montana law a person can sue the business directly. We found no court decision applying Montana law to a website.
What is the minimum a Montana court awards for a website accessibility violation?
Montana law sets no fixed minimum per violation. The chapter is the exclusive remedy, and the administrative procedure is mandatory (§ 49-2-512(1)). A district court suit is available only after the Department of Labor and Industry dismisses the complaint, filed within 90 days of the dismissal notice (§ 49-2-512(3)). Relief is corrective and compensatory, generally with no punitive damages, plus discretionary attorney fees. There are no statutory damages.
Do I pay the plaintiff's lawyer if I lose or settle in Montana?
Under the federal ADA, yes: a business that loses or settles usually pays the plaintiff's attorney's fees (42 U.S.C. § 12205). Montana law also provides for attorney's fees.
Which accessibility standard should a Montana business website meet?
The ADA doesn't name a technical standard for businesses. The Justice Department's 2022 guidance points to the Web Content Accessibility Guidelines (WCAG), and its 2024 rule for state and local governments adopted WCAG 2.1 Level AA.