HB 2028

If a business entity blacklists another business entity, including the entity's affiliates, that employs 50 or fewer full-time employees ("small business""), including an online search engine on the online search engine company's related applications or we bsites on or after July 1, 2026, then this bill requires the business entity to provide notice of the action to the small business within 24 hours of the action. The notice must include all of the following information:  An explanation of why the business entity blacklisted the small business.  Information for how the small business can remedy or otherwise respond to the action.  Contact information for a representative of the online search engine that the small business may contact to discuss a resolution of the action. ""BLACKLIST"" DEFINED As used in this bill, ""blacklist"" means any of the following:  Reducing visibility or accessibility of a small business's website on an online platform or other platform.  Removing a small business's website or the search result for the small business's website from a business entity's platform or the business entity's related applications or websites.  Deleting or otherwise removing 25% or more of the reviews, if applicable, that a small business has at the time of removal. REMEDIES If a business entity fails to comply with the requirements above, then this bill authorizes an affected small business to bring a cause of action in a court of competent jurisdiction. A court that finds that a business entity violated this bill may awar d actual damages, punitive damages, or reasonable court costs and attorney fees. In addition to those remedies, if a court finds that a business entity is violating this bill, the court may order injunctive relief to enjoin the business entity from conti nu ing to violate this bill. A search engine is not in compliance with the requirements above until all required information is provided to the small business. ON APRIL 6, 2026, THE HOUSE SUBSTITUTED SENATE BILL 2262 FOR HOUSE BILL 2028, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 2262, AS AMENDED. AMENDMENT #1 rewrites the bill to, instead, authorize a small business that believes an online search engine has blacklisted the small business to contact the online search engine and request a response concerning the action. The search engine must prov ide a response to such request within five business days that includes an explanation of the action and justification for the action; the process, steps, and requirements necessary for the small business to appeal the action or be restored or re-indexed; or the contact information of the representative of the online search engine. As used in this amendment, ""blacklist"" means to (i) reduce the visibility or accessibility of a small business's website on an online search engine; (ii) remove a small business' s website or the search result for such website from an online search engine; or (iii) delete or otherwise remove from the online search engine 25% or more of the reviews of a small business. ""Online search engine"" means an internet website or applicatio n whose primary function is to provide a user a method, whether by query search or other means, to search the internet, including for websites, webpages, or other information, but does not include any other business entity, social media platform, review web site, or other platform. This amendment authorizes a small business affected by an online search engine's failure to comply with the response requirement to bring a civil action. If a court finds that the online search engine violated the response requirement, then the court may award actual damages; punitive damages; and reasonable court costs and attorneys' fees. Further, the court may enjoin the online search engine from continuing violations. APPLICABILITY This amendment applies to conduct occurring on or after July 1, 2026. ON APRIL 9, 2026, THE SENATE CONCURRED IN HOUSE AMENDMENT #1."