Sec. 2. Opportunity to correct an alleged violation
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/bill/118/hr/3493/ih/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 308(a)(1) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12188(a)(1) ) is amended— by striking and all that follows through
(1)Availability The remedies and procedures set forth and inserting the following: Subject to subparagraphs
(B)and (C), the remedies and procedures set forth ; and by adding at the end the following subparagraphs: A State or Federal court shall not have jurisdiction in a civil action filed with the court under subparagraph (A), or under a provision of State law that conditions a violation of any of its provisions on a violation of this Act, unless— before filing the complaint, the plaintiff provided to the defendant written notice of the alleged violation, and the notice was provided by registered mail; the notice identified the specific facts that constitute the alleged violation, including identification of the location at which the violation occurred and the date on which the violation occurred; 30 or more days has elapsed after the date on which such notice was provided; the notice informed the defendant that the civil action could not be commenced until the expiration of such 30-day period; and the complaint states that, as of the date on which the complaint is filed, the defendant has not corrected the alleged violation. Subparagraph
(B)shall not apply to— civil actions brought under Rule 65 of the Federal Rules of Civil Procedure requesting preliminary injunctive relief or temporary restraining orders; or civil actions brought under State or local court rules requesting preliminary injunctive relief or temporary restraining orders. .
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Sec. 2
Opportunity to correct an alleged violation
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