Receiving a letter alleging that your website violates the Americans with Disabilities Act is a high-pressure moment. Your instinct might be to dismiss it, forward it to a general inbox, or wait to see if anything happens next.
That instinct is expensive.
ADA website litigation has accelerated significantly. Over 9,100 federal ADA lawsuits were filed in 2024 alone, and demand letters – the precursor to formal litigation – are being sent at an even higher rate. Many never make the headlines because businesses quietly settle within weeks of receiving one.
What Is an ADA Website Demand Letter?
An ADA website demand letter is a formal notice – typically sent by a plaintiff’s attorney – alleging that your website is inaccessible to users with disabilities, in violation of Title III of the Americans with Disabilities Act.
Common allegations include:
– Images lacking alternative text
– Videos without closed captions
– Forms that cannot be navigated using a keyboard alone
These aren’t abstract technical issues-they are documented violations of digital accessibility standards. Companies like WCAGSafe provide the technical framework needed to identify these gaps before they become permanent legal liabilities.
Step 1: Don’t Ignore It – and Don’t Panic
The most common mistake business owners make is assuming the letter is a scam. While ‘drive-by’ lawsuits exist, many letters are backed by documented evidence of non-compliance. Note the exact date and forward it to counsel immediately.
If you need experienced ADA defense counsel, our firm handles digital accessibility litigation across industries. Contact our team here to discuss your situation.
Step 2: Conduct an Immediate Technical Audit
Before any legal strategy can be formed, you need to understand your actual exposure. Run a professional accessibility scan on your website. Tools like the ADA demand letter scanner generate a baseline report that identifies which specific WCAG criteria your site is failing.
This serves two purposes: verification of the claims and creating a documented, timestamped baseline of your site’s state.
Step 3: Assess the Severity of What You’re Facing
Not all demand letters carry the same weight. Your attorney will evaluate the plaintiff’s history and the specific violations cited. Schedule a consultation to understand your specific ADA litigation exposure.
Step 4: Build Your “Good Faith” Defense File
The DOJ and federal courts look favorably on businesses that demonstrate an active effort to remediate issues. Your ‘good faith’ file should include your baseline audit report, a written remediation plan, and developer invoices showing work in progress.
Step 5: Respond Through Counsel – Not Directly
Do not contact the plaintiff’s attorney yourself. Your attorney should draft the initial response. Our ADA defense team handles all three paths: settlement, standing challenges, or mooting the claim through remediation.
The Bottom Line
The 48-hour window is critical. Preserve your site’s state, run a technical audit, and engage counsel. The businesses that face the worst outcomes are those that wait.
Contact our ADA defense practice today to discuss your options before the clock runs out.
This article is for informational purposes only and does not constitute legal advice.
