Got an ADA website demand letter? What to do in the first two weeks

Updated ยท 5 min read

Short answer: Do not ignore it and do not reply to the plaintiff's lawyer yourself. Forward it to an attorney and your insurer, save a dated record of your website as it is today, check the specific barriers the letter names, and start fixing and documenting them.

A demand letter or complaint saying your website violates the Americans with Disabilities Act (ADA) is stressful, but it is also routine. Thousands of US businesses receive one every year, most of them small and mid-sized online stores, restaurants and service businesses. Most of these claims are brought by a small group of repeat plaintiffs and law firms, and most end in a settlement, not a trial.

This guide covers the practical side: what to do with the letter, how to understand what it claims about your site, and how to start fixing the problems in a way you can prove later. It is not legal advice. Your attorney decides strategy; this helps you arrive prepared.

First, figure out what you received

There are two common forms:

If it has a case number and a court name at the top, treat it as a lawsuit with a clock running.

What to do in the first few days

  1. Do not ignore it. Ignoring a demand letter usually leads to a lawsuit; ignoring a lawsuit can lead to a default judgment.
  2. Do not call or email the plaintiff's lawyer yourself. Anything you say can be used, and admitting that your site "isn't accessible" does not help you.
  3. Forward it to an attorney. Ideally one who has handled ADA website (Title III) claims; many handle them on a flat fee because they are so common.
  4. Tell your insurer. Some general liability, cyber, or employment practices liability (EPLI) policies cover ADA claims or defense costs. Report it promptly, since late notice can affect coverage.
  5. Tell your web developer or platform. If an agency or freelancer built the site, they need to know, and your contract may say something about accessibility.
  6. Write down the dates. When the letter arrived, when you were served, and the response deadline.

Save a dated record of your website today

Before anyone changes anything, capture the current state of the site. This matters because the complaint describes your site on a specific date, and your attorney will want to compare that with what you fix and when.

A dated audit trail shows a timeline of real remediation. It does not make a claim go away by itself, since courts often do not dismiss a case just because a defendant fixed the site, but it gives your attorney facts to work with. See why a dated accessibility audit record matters.

Read what the letter actually claims

Most letters and complaints follow a template. Look for the list of barriers the plaintiff says they encountered. Typical examples:

What the letter saysWhat it usually meansWCAG criterion
Images lacked alternative textProduct photos, icons or linked images have no alt text1.1.1
Buttons and links were not labeledIcon-only cart, menu, search or social links have no accessible name4.1.2, 2.4.4
Could not complete checkoutUnlabeled form fields, keyboard traps, or custom controls a screen reader cannot operate3.3.2, 2.1.1
Text was difficult to readLow-contrast text1.4.3
Videos lacked captionsPromotional or product videos without accurate captions1.2.2

Many of these findings are exactly what an automated scanner reports. That is not a coincidence: plaintiffs' firms commonly use automated tools to find targets. So running the same kind of scan on your own site tells you a lot about how the claim was built.

Start fixing, in the right order

  1. Fix the barriers named in the letter first. Those are the ones in dispute.
  2. Fix the purchase path next. Home page, search, product page, cart and checkout, working with a keyboard and a screen reader.
  3. Fix sitewide template issues. Contrast, missing alt text patterns, unlabeled header icons. One theme change often clears hundreds of findings.
  4. Verify manually. Automated scans catch only part of the problems. Tab through the purchase path with the keyboard only, and try it with a screen reader (VoiceOver on Mac or iPhone, NVDA on Windows, both free).
  5. Re-scan and keep the dated report after each round of fixes.

What not to do

Frequently asked questions

Is an ADA website demand letter a scam?

Usually not. Most come from real law firms that file these cases regularly. Some are aggressive or template-based, but the underlying legal theory is real, so have an attorney look at it rather than assuming it is fake.

How long do I have to respond?

A demand letter usually sets its own deadline, often a few weeks. A federal lawsuit generally gives you 21 days from service to respond, unless the deadline is extended. Confirm the exact date with your attorney.

Will fixing my website make the lawsuit go away?

Not automatically. Many courts do not treat voluntary fixes as ending the case, because a website can be changed back. But real, documented remediation often shapes the settlement and helps prevent the next claim, which matters because repeat claims against the same business are common.

How much do these cases cost to settle?

It varies widely with the state, the plaintiff's firm and how quickly the case is resolved, so treat any single number you read with caution. Your attorney will know typical ranges for your court. Fixing the site early usually reduces the cost of the case and the chance of another one.

Can I be sued again after I settle?

Yes. A settlement with one plaintiff does not stop another plaintiff from suing if the site still has barriers. That is the strongest reason to actually fix the site and keep a record of it.

Proof of Access provides technical accessibility assessments. We are not a law firm and nothing on this page is legal advice. If you have received a demand letter or a lawsuit, talk to an attorney.