What to Do If You Receive an ADA Demand Letter
Opening your mail (or email) to find a demand letter about your website's accessibility can be alarming. But while the situation is serious, it doesn't have to be a crisis. Here's what to do.
Step 1: Stay Calm, But Take It Seriously
Your first instinct might be panic or dismissal. Neither is helpful. These letters represent a real legal issue, but they're often an opportunity for resolution rather than immediate litigation.
Many organizations successfully resolve these matters without going to court. The key is responding appropriately and in a timely manner.
Step 2: Read the Letter Carefully
Demand letters typically include:
- Specific accessibility violations identified on your website
- References to ADA and WCAG standards your site allegedly violates
- A response deadline (usually 10-30 days)
- A settlement request or threat of legal action
Note the deadline and take it seriously. Missing it can escalate the situation.
Step 3: Consult with an Attorney
If the letter comes from an attorney or threatens litigation, you should consult with legal counsel. Look for an attorney experienced in ADA website accessibility cases specifically.
Many attorneys offer free initial consultations to evaluate your situation. They can help you understand your exposure and options.
Note: I'm not an attorney, and this article is not legal advice. Always consult with qualified legal counsel for your specific situation.
Step 4: Conduct an Accessibility Audit
Whether or not the specific claims in the letter are accurate, you need to understand the actual state of your website's accessibility. A thorough audit against WCAG 2.1 Level AA standards will help you:
- Verify or refute the claims in the demand letter
- Identify other accessibility issues that need attention
- Create a roadmap for remediation
- Demonstrate good faith efforts to improve
Step 5: Create a Remediation Plan
Once you understand the issues, develop a plan to address them. This should include:
- Prioritization of critical barriers (especially those cited in the letter)
- Realistic timelines for fixes
- Documentation of your efforts
- Ongoing monitoring to maintain accessibility
Having a documented remediation plan demonstrates good faith and can be valuable in negotiations or litigation.
Common Questions
Are these letters legitimate or scams?
Most demand letters are legitimate, though some are more meritorious than others. ADA website accessibility lawsuits have increased significantly in recent years. Have an attorney evaluate any letter you receive.
Can I really be sued over website accessibility?
Yes. Courts have consistently found that websites can be subject to ADA requirements, particularly for businesses that also have physical locations or that provide goods and services to the public.
How much do settlements typically cost?
Settlement amounts vary widely based on the nature of the violations, the business size, and negotiation. They can range from a few thousand dollars to significantly more. The cost of ignoring the issue is almost always higher.
How can I prevent this in the future?
- Conduct regular accessibility audits
- Train your team on accessible content creation
- Include accessibility requirements in your development process
- Consider publishing an accessibility statement
- Provide a way for users to report accessibility issues
Moving Forward
Receiving a demand letter is stressful, but it can also be a turning point. Many organizations use this moment to finally prioritize accessibility—not just to resolve the immediate issue, but to build a more inclusive digital presence for the long term.
If you've received a demand letter and need help understanding your website's accessibility issues or creating a remediation plan, I'm here to help. While I can't provide legal advice, I can help you understand the technical side and develop a path forward.