Why a dated accessibility audit record matters
Short answer: A dated record shows what your website's accessibility looked like on specific dates and what you fixed afterward. It does not make you immune to claims, but it gives your attorney facts, helps show good-faith remediation, and keeps fixes from quietly regressing.
ADA website claims are about dates. A complaint says that on a particular day a plaintiff visited your site and could not use it. A settlement sets a deadline to remediate. A second plaintiff may later claim the site is still inaccessible. In every one of these moments, the useful question is the same: what did the site look like then, and what did you do about it?
A dated accessibility audit record answers that question.
What a dated record is
It is a simple, chronological trail:
- Audit snapshots. A report of which WCAG 2.1 AA checks passed or failed on which pages, with the date and time of the scan.
- A remediation log. What was fixed, when, by whom, and how it was verified.
- Re-tests. A new report after fixes, showing the failures are gone.
- Manual test notes. Results of keyboard and screen reader testing of key flows, with dates.
Together, these form a history of your site's accessibility rather than a single promise.
Why it matters
It gives your attorney facts
When a demand letter arrives, the first things your attorney will ask are what the site was like on the date in the complaint and what you have done since. A dated record lets you answer precisely instead of from memory.
It helps show good-faith remediation
Courts often do not dismiss ADA website cases just because the defendant fixed the site, since a website can be changed back. Still, a documented history of real remediation, started before or promptly after a claim, is the kind of evidence that shapes how a case and a settlement go. That is a question for your attorney, but the record has to exist for them to use it.
It protects against the next claim
Settling with one plaintiff does not stop another. Repeat claims against the same business are common, often because the site regressed after a redesign, a new theme or a new app. Regular dated scans catch regressions before a plaintiff's scanner does.
It keeps vendors accountable
If an agency or developer says the site is accessible, a dated report before and after their work shows whether it is.
What to record
| Record | How often | Keep |
|---|---|---|
| Automated WCAG 2.1 AA scan of key pages (home, category, product, cart, checkout, contact) | Monthly, and after every redesign, theme change or new app | The dated report file |
| Remediation log entry | Every fix | What changed, the date, who did it |
| Keyboard test of the purchase path | Quarterly and after major changes | Date, tester, result |
| Screen reader test of the purchase path | Quarterly | Date, tool used, result |
| Accessibility statement and feedback requests | When received | Request, date, response |
Keep records somewhere that cannot be silently edited, with the dates they were created. An exported PDF report emailed to yourself, or stored in a system with version history, works.
What a dated record is not
- Not a certificate of compliance. No automated scan can certify ADA compliance. Automated tools find only a portion of WCAG failures, so manual testing belongs in the record too.
- Not a shield by itself. A record of ignored failures does not help you. Its value comes from what you did about the findings.
- Not legal advice. How your records are used in a dispute is for your attorney to decide.
How Proof of Access helps
Every audit we run is stored with its date, the pages and WCAG checks covered, and each failure with guidance on how to fix it. Re-running an audit after fixes gives you a before and after pair you can hand to your developer or attorney. You can start with a free scan of your home page.
Frequently asked questions
How often should I scan my website for accessibility?
At least monthly for an active online store, and always after a redesign, theme update, or new third-party app or widget. Those are the moments sites most often regress.
Is an automated report enough evidence?
It is a useful part of the record, but automated tools cannot test everything. Add dated notes from keyboard and screen reader testing of your main flows.
Should I keep records of failures, or only passes?
Both. A record that shows failures found and then fixed tells a more credible story than a record that only shows a clean final result.
Does an accessibility statement count as a record?
A statement is a public commitment, not a record. Keep it, and keep a log of the feedback you receive through it and how you responded.
Related
- Got an ADA website demand letter? What to do in the first two weeks
- WCAG 2.1 AA checklist for business websites
- Do accessibility overlay widgets prevent ADA lawsuits?
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.