Received an ADA Website Demand Letter? Here's What to Do
If you've received an ADA demand letter about your website, don't panic—but do take it seriously. This guide explains what the letter means, your options, and how to respond effectively.
Important: Don't ignore it
An ADA demand letter is a legal threat. While many are settlement-seeking and never go to court, ignoring the letter can escalate to a lawsuit with much higher costs. Respond within the timeline specified.
What Is an ADA Demand Letter?
An ADA demand letter is typically sent by an attorney representing someone who claims they couldn't access your website due to a disability. The letter usually:
- Identifies specific accessibility violations on your site
- Cites the Americans with Disabilities Act and relevant case law
- Demands a settlement payment (often $5,000–$25,000)
- Requires you to fix your website within a specified timeframe
- Sets a deadline to respond (typically 10–30 days)
Step 1: Verify the Letter Is Real
First, confirm the demand letter is legitimate:
- Check if the law firm exists and the attorney is licensed
- Look up the attorney's history with ADA cases
- Verify the plaintiff exists (some are serial plaintiffs)
- Check if a lawsuit has actually been filed (usually not yet at this stage)
Most demand letters are real, but verification helps you understand who you're dealing with.
Step 2: Assess Your Website's Accessibility
Before responding, understand what issues exist on your site:
- Run an automated scan — Use AccessGuard to get a quick assessment of violations. This gives you data to understand your exposure.
- Document the issues — Screenshot and catalog every violation the scan finds.
- Compare to the demand letter — See if the violations they cite match what your scan found.
Assess your website's accessibility now
Understand exactly what issues exist before deciding how to respond.
Scan Your Site FreeStep 3: Consult an Attorney
This is not optional. You need legal advice specific to your situation.
What to look for in an attorney:
- Experience with ADA website accessibility cases
- Knowledge of the specific plaintiff's firm (many are repeat players)
- Ability to negotiate settlements
- Willingness to litigate if necessary
A good ADA defense attorney can often negotiate significantly lower settlements than what's initially demanded.
Step 4: Understand Your Options
Option A: Settle Early
Typical cost: $5,000–$20,000
Pros: Fastest resolution, predictable cost, avoids litigation
Cons: May encourage more demand letters, still requires remediation
Option B: Negotiate
Typical cost: $3,000–$15,000 (plus legal fees)
Pros: Often reduces settlement amount, shows good faith
Cons: Takes longer, requires attorney, may fail
Option C: Fight It
Typical cost: $25,000–$100,000+
Pros: May win if claims are weak, sets precedent
Cons: Very expensive, time-consuming, uncertain outcome
Most businesses settle because the economics favor it. Fighting a lawsuit often costs more than settling, even if you might win.
Step 5: Start Fixing Your Website Immediately
Regardless of how you respond legally, start remediation now:
- It shows good faith (which courts value)
- It's required in most settlements anyway
- It protects you from future lawsuits
- It reduces the plaintiff's leverage
Document everything you fix and when. This evidence of remediation efforts can significantly impact settlement negotiations.
What a Settlement Typically Requires
If you settle, expect to agree to:
- Monetary payment: $5,000–$50,000 depending on the case
- Website remediation: Fix violations within 60–180 days
- Accessibility audit: Often from a third-party vendor
- Ongoing compliance: Some require periodic audits
- Release of claims: The plaintiff agrees not to sue again
How to Prevent Future Letters
Once you've dealt with this demand letter, protect yourself from future ones:
- Fix all accessibility issues — Not just the ones cited in the letter, but everything on your site.
- Set up ongoing monitoring — New content can introduce new issues. Regular scans catch problems early.
- Document your compliance efforts — Keep records of audits, fixes, and accessibility policies.
- Post an accessibility statement — Shows your commitment and provides a contact for accessibility issues.
- Train your team — Anyone adding content should know accessibility basics (alt text, headings, etc.).
Red Flags in Demand Letters
Some characteristics may indicate a weaker case:
- Vague claims without specific violations cited
- Plaintiff from a distant state with no apparent connection to your business
- Same plaintiff filing dozens of similar cases
- Violations that don't actually exist on your site
- Demands that seem disproportionate to the issues
Discuss any red flags with your attorney—they may affect your negotiating position.
The Bottom Line
An ADA demand letter is stressful, but it's manageable. The key steps are:
- Don't ignore it—respond within the deadline
- Scan your site to understand your actual exposure
- Consult an ADA-experienced attorney
- Start fixing accessibility issues immediately
- Make a decision: settle, negotiate, or fight
- Set up ongoing monitoring to prevent future letters
The businesses that handle demand letters well are those who take action quickly, document their efforts, and fix the underlying problems. Don't let a demand letter turn into a lawsuit.