Exhaustion is partial. A complaint must first be filed with the Commission for Human Rights within 180 days (RSA 354-A:21, III). After 180 days (or sooner with written assent), and within 3 years, the complainant may sue in superior court for damages and injunctive relief (RSA 354-A:21-a). The commission can fine up to $10,000 to $50,000. Fees are expressly provided only in petitions to enforce commission orders (RSA 354-A:22, II). The definition of 'place of public accommodation' includes any 'establishment which caters or offers its services or facilities or goods to the general public' (RSA 354-A:2, XIV). On top of that, the federal ADA applies in New Hampshire 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 New Hampshire and everywhere else.
Lawsuits in New Hampshire
The lawsuit tracker has no indexed court records from New Hampshire yet.
Questions
Can a business in New Hampshire 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 New Hampshire law a person can sue the business directly. We found no court decision applying New Hampshire law to a website.
What is the minimum a New Hampshire court awards for a website accessibility violation?
New Hampshire law sets no fixed minimum per violation. Exhaustion is partial. A complaint must first be filed with the Commission for Human Rights within 180 days (RSA 354-A:21, III). After 180 days (or sooner with written assent), and within 3 years, the complainant may sue in superior court for damages and injunctive relief (RSA 354-A:21-a). The commission can fine up to $10,000 to $50,000. Fees are expressly provided only in petitions to enforce commission orders (RSA 354-A:22, II). The definition of 'place of public accommodation' includes any 'establishment which caters or offers its services or facilities or goods to the general public' (RSA 354-A:2, XIV).
Do I pay the plaintiff's lawyer if I lose or settle in New Hampshire?
Under the federal ADA, yes: a business that loses or settles usually pays the plaintiff's attorney's fees (42 U.S.C. § 12205). Whether New Hampshire law adds its own fee award is unconfirmed.
Which accessibility standard should a New Hampshire 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.