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.
§ 2003.3.Commencement of Action Based On Website Accessibility Claim
Chapter 39: Oklahoma Pleading Code · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 2003.3 requires 120 days' written notice before suing over a website's inaccessibility to visually or hearing-impaired users, mirroring the construction-accessibility notice scheme in Section 2003.2, and authorizes dismissal, cost-shifting, and sanctions for noncompliance.
Full Text of § 2003.3
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.
Amendment History
Added by Laws 2017, c. 92, s. 1, eff. 11/1/2017.
Plain-English Summary
Modeled on Section 2003.2's construction-defect notice scheme, this section extends the same 120-day notice-and-cure requirement to claims that a website fails to accommodate visually or hearing-impaired users. Before filing suit -- or a petition for injunctive relief -- the plaintiff must send certified-mail notice describing the specific violations, then attach the notice and signed return receipt to the petition.
The consequences track Section 2003.2: a petition filed without the required attachments, or filed less than 120 days after notice, must be dismissed without prejudice on the defendant's motion. If the defendant fixes the website before the plaintiff files, the court dismisses the case and awards the defendant costs and attorney fees, with Section 2011 sanctions available if the suit was frivolous. A defendant making a good-faith effort to fix the site can ask the court for a reasonable extension based on the scope of the needed work.
Frequently Asked Questions
Does a website owner get advance warning before being sued for inaccessibility?
Yes -- subsection A requires at least 120 days' written notice by certified mail describing the specific alleged violations before the plaintiff can file suit or seek injunctive relief.
What must a plaintiff attach to the petition?
A copy of the notice and a copy of the signed certified-mail return receipt, under subsection B.
Is this the same rule as the one for inaccessible buildings?
It closely parallels Section 2003.2's construction-accessibility notice scheme, applying the same 120-day notice, attachment, dismissal, and cost-shifting framework to website accessibility claims instead.
Can the website owner get extra time to fix the site?
Yes, under subsection E, on a showing of good cause and a genuine effort already underway, tailored to the scope of work the fix requires.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: oklahoma website accessibility lawsuit notice12 O.S. § 2003.3ADA website claim oklahoma pre-suit noticewebsite accessibility 120 day notice