Receiving an ADA demand letter can be a serious moment for any business. An ADA demand letter, sometimes called an ADA compliance letter, typically alleges that a company’s website or digital services are not accessible to people with disabilities, and often comes from attorneys representing individuals who encountered accessibility barriers while trying to use a website or service. In most cases, the letter outlines the alleged issues and requests corrective action within a specified timeframe.
While receiving a demand letter does not necessarily mean a lawsuit will follow, it should be taken seriously. Understanding what the letter means and the practical steps to take next can help businesses respond appropriately and begin addressing potential accessibility issues.
What is an ADA demand letter?
The Americans with Disabilities Act (ADA) requires businesses that provide goods or services to the public to make them accessible to people with disabilities. Although the law was originally written with physical spaces in mind, courts have increasingly applied ADA accessibility expectations to websites and digital services. For businesses that rely on digital channels to deliver products, services, or information, this means that accessibility barriers can raise ADA compliance concerns. An ADA demand letter typically describes the first-hand experiences of people with disabilities who encountered barriers while trying to use a website or digital service. Some letters may also reference the results of automated or manual accessibility testing, alleging that the website does not meet recognized accessibility standards such as the Web Content Accessibility Guidelines (WCAG). These letters do not always come from attorneys representing individual people. Advocacy organizations and law firms that focus on accessibility claims may also send ADA demand letters. While legal action is possible, in most cases, the purpose is to notify the business of alleged accessibility issues and request that they be corrected.
Why businesses receive ADA demand letters
Many people with disabilities rely on assistive technology (AT) such as screen readers or magnification. When a website or application cannot be navigated with AT, it may prevent people from completing everyday tasks online or accessing important information. For example, a screen reader user may not be able to understand images that lack alternative text. Someone who navigates with a keyboard may be unable to complete a form if interactive elements require a mouse. Users with low vision may struggle to read content if there is not enough contrast between text and background colors. Accessibility barriers like these can make it difficult, if not impossible, for people with disabilities to access information or interact with online services. When that happens, individuals may file complaints or pursue legal action under the ADA. According to accessibility guidance from the World Wide Web Consortium (W3C), accessible digital design ensures that people with disabilities can perceive, understand, navigate, and interact with websites effectively. Designing digital experiences to align with standards such as WCAG can help organizations identify and address common accessibility barriers. More importantly, it helps ensure that people with disabilities can access information, complete tasks, and interact with digital services independently.
What is included in an ADA demand letter?
Although the format can vary, most ADA demand letters contain similar elements. These letters generally outline the alleged accessibility issues and request that the business take corrective action. Typical components include:
- Description of accessibility barriers: Specific issues encountered by the individual attempting to use the website.
- Legal basis for the claim: References to the ADA and, in some cases, cite WCAG.
- Request for remediation: The business may be asked to update the website or application.
- Settlement demand: A request for compensation for legal fees or damages.
- Response deadline: A required timeframe for response.
What to do after receiving an ADA demand letter: A checklist for businesses
Receiving an ADA demand letter does not automatically mean your business will face a lawsuit, but it is important to respond thoughtfully and promptly. The following is a non-exhaustive list of steps businesses often take when addressing demand letters.
1. Do not ignore the letter
Ignoring a demand letter can increase the risk of escalation. Many accessibility disputes move to litigation when concerns are not addressed.
2. Consult legal counsel
After reviewing the letter carefully, the most important step is to consult legal counsel. Attorneys familiar with ADA accessibility claims can help interpret the letter, assess legal risk, and advise on response strategy. They may help evaluate the allegations, determine whether the claims are valid, and develop a response strategy. Depending on the situation, this may involve preparing a response, or negotiating a resolution. Legal counsel can also advise on how and when to communicate while the issue remains unresolved. They may review factors such as the reputation of the law firm representing the plaintiff and whether the plaintiff has standing to bring a claim. During this process, counsel will often evaluate questions such as:
- Does the claim reference specific accessibility issues that may indicate nonconformance with standards such as WCAG?
- Are the alleged barriers relevant to the purpose and functionality of the website or application?
The answers to these questions can help determine whether the letter identifies legitimate accessibility concerns and what steps should be taken next.
3. Conduct an accessibility audit
The next step is to verify whether the issues identified in the letter are valid and where barriers exist on your website or digital service. An accessibility audit provides the evidence needed to understand the scope of the problem and determine what improvements are necessary. Audits typically use a combination of automated scans and human expertise to evaluate each issue and determine whether it exists as described in the letter and whether its impact on users is likely to match the claims made. Manual testing against accessibility standards such as WCAG, combined with usability testing with people with disabilities, can help confirm the validity of the issues identified.
4. Remediate any accessibility issues
If the audit confirms any issues identified in the letter, begin remediation as quickly as practical and document the work clearly. If an issue cannot be immediately fixed—for example, due to technical complexity or because it exists in content provided by a third party—identify ways affected users can be accommodated through alternative means. Document why the issue cannot immediately be fixed and establish a plan for resolving it over time.
5. Communicate your commitment to accessibility
When demonstrating your commitment to accessibility, transparency is important. Work with counsel to publish an accessibility statement on your website and provide contact information so people can report accessibility issues they encounter. Clearly communicating your digital accessibility efforts can help build trust and demonstrate good-faith progress.
6. Respond within the required timeline
Demand letters typically include a deadline for response. Legal counsel can help determine how and when to respond appropriately.
What happens if a business ignores an ADA demand letter?
Ignoring an ADA demand letter does not make the issue go away. In many cases, the letter is an opportunity to address accessibility concerns before the dispute escalates. If no response is provided—or if accessibility barriers remain unresolved—the situation may escalate to litigation. Failure to address accessibility barriers can lead to legal costs, reputational risks, and potential court orders requiring remediation.
How to reduce the risk of receiving an ADA demand letter
While no organization can completely eliminate legal risk, proactive accessibility practices can help reduce the likelihood of accessibility complaints. Establishing a structured digital accessibility strategy can help maintain the accessibility of your digital resources over time and reduce the risk of future complaints. This strategy may include creating an internal accessibility policy, establishing accessibility standards for digital resources, and integrating accessibility into design, development, and content creation processes. Providing training and tools for the teams responsible for digital content can also support long-term accessibility goals. Start by setting clear goals for improving accessibility across your website, apps, and other digital channels. This may include prioritizing known issues, creating a roadmap for improvements, and regularly monitoring progress.
Move from response to proactive accessibility
Receiving an ADA demand letter can be stressful, but it can also be an opportunity to improve your digital accessibility efforts. Taking a proactive approach to accessibility helps ensure that your digital experiences remain usable and inclusive over time while reducing the risk of future complaints. Whether your organization has already received a demand letter or wants to reduce future risk, Vispero can help. With more than 30 years of experience in assistive technology and digital accessibility services, Vispero works with organizations to evaluate accessibility issues, remediate barriers, and build sustainable accessibility practices. Connect with a digital accessibility expert to learn how Vispero can support your accessibility goals.