What to Do If You Receive an Accessibility Demand Letter

Understanding the Demand Letter

You wake up to an email with a legal letter attached. It's from a lawyer claiming your website violates the Americans with Disabilities Act (ADA). Your site has accessibility barriers. They want compensation or they'll sue.

Your first instinct might be concern. Your second might be to ignore it. Both require careful thought.

Accessibility demand letters are real. They're increasingly common. And how you respond in the next 30 days will significantly affect your situation—whether you resolve the matter quickly, pay substantial legal fees, or end up in prolonged litigation. This guide walks you through what to do, what it means, and how to approach your response.

What Is an Accessibility Demand Letter?

An accessibility demand letter is a formal legal notice claiming your website violates ADA Title III or similar accessibility laws.

The letter typically includes:

• Specific accessibility violations: Details of features that don't work (broken keyboard navigation, missing alt text, poor color contrast, etc.)
• A demand for compensation: Usually $5,000-$25,000 for initial letters
• A deadline: Often 30 days to respond
• A litigation threat: "If you don't settle, we'll file a lawsuit"
• Attorney contact information: Where to send your response

These letters are often sent by accessibility law firms specializing in ADA claims. Understanding that this is a formal legal notice requiring prompt, professional response is critical.

Step 1: Don't Panic or Delete Anything (24-48 Hours)

Your instinct might be to panic or hide. Don't.

What you should do instead:

• Take a screenshot of the letter and your website as it exists NOW. Timestamp it. This proves you received it and what your site looked like at that moment.
• Save all correspondence. Every email from the attorney, including timestamps.
• Do NOT modify your website immediately. If you suddenly "fix" all the violations after receiving the letter, document what changed and when.
• Do NOT ignore it. Ignoring the letter typically triggers a lawsuit.
• Do NOT respond immediately without counsel. You have time. Use it strategically.
• Alert your legal team and decision-makers. Get your insurance agent, lawyers, and business leadership involved immediately.

The goal of this step is to preserve evidence and buy yourself thinking time for proper decision-making.

Step 2: Verify the Actual Violations (48-72 Hours)

The demand letter makes specific accessibility claims. Your next move: verify if they're accurate and understand your real situation. This is where proper assessment makes a difference.

You have a few options:

Free automated scanning - You can run free accessibility scanners to get a baseline sense of violations. These catch obvious issues but typically miss 60% of real violations, including keyboard navigation failures and context-specific problems.

Professional accessibility audit - A proper accessibility audit documents violations across your entire site including:

• Exact page/URL where violation occurs
• Specific element causing the violation
• WCAG criterion violated
• Severity assessment
• Remediation recommendations
• Estimated effort to fix

Why this matters: Some letters cite violations that don't exist or exaggerate severity. A professional audit reveals whether you're dealing with legitimate problems or potentially inflated claims. That information is valuable in any negotiations.

Step 3: Get Legal Counsel (Within 5 Days)

This is not a DIY situation. You need a lawyer experienced with these matters.

What to look for:

• ADA and accessibility law experience: Specifically with demand letter response and settlement negotiations
• Prior settlement negotiations: Someone who knows realistic resolution ranges
• Jurisdiction expertise: Understanding your specific state's laws and court approaches
• Clear communication: Someone who will explain your options, risks, and likely outcomes plainly

Your lawyer's job: Analyze the letter, verify violations, assess your actual exposure, and advise on response strategy.

Step 4: Understand Settlement Ranges

If the letter demands $15,000 and you're wondering if that's reasonable, here's context:

Typical initial demand: $5,000-$25,000

Typical negotiated resolution: Often substantially less than initial demand

Cost of NOT settling and going to litigation:

• Legal defense fees: $20,000-$80,000
• Discovery and depositions: $10,000-$30,000
• Potential settlement after litigation: $25,000-$150,000+
• Remediation costs: $5,000-$50,000
• Total if you fight: $60,000-$310,000+

Factors affecting settlement amounts:

• Your company size and revenue
• Severity of accessibility violations
• How long violations existed
• Your prior accessibility efforts
• Your specific jurisdiction

Step 5: Respond Strategically (Within 20-30 Days)

Your lawyer should craft a strategic response. A professional response typically includes:

Acknowledgment: "We received your letter dated [date]. We take web accessibility seriously."

Good faith response: "We are currently conducting a comprehensive accessibility assessment."

Proposed resolution: "We propose settling this matter for [X amount], contingent on a release of all claims."

Remediation commitment: "We commit to achieving WCAG 2.1 Level AA compliance within [timeframe], as verified by [audit method]."

What NOT to say:

• "We deny all allegations" (weakens your position if allegations have merit)
• "We don't think we have legal obligations" (courts generally disagree)
• Anything admitting you knowingly ignored accessibility (increases damages)

Typical Settlement Outcomes

Most accessibility demand letters resolve within 60 days of the initial letter. Here's what typically happens:

Settlement Reached (~70% of cases)

• Payment: Usually between $2,000-$15,000 (often less than initial demand)
• Timeline: 30-60 days resolution
• What you get: Release of all accessibility claims by the plaintiff
• What they get: Your commitment to fix violations (documented in writing)
• Confidentiality: Usually yes—settlement amounts typically cannot be disclosed

Litigation Required (~15% of cases)

• Plaintiff files lawsuit despite settlement discussions
• Settlement still happens, usually at similar amounts, but with added legal fees
• Total cost to you: Settlement + $5,000-$20,000+ in legal fees

Ignoring the Letter (~15% of cases)

• Plaintiff files lawsuit
• You're forced to respond through courts
• Legal fees skyrocket: $30,000-$100,000+
• Settlement amounts jump: $25,000-$150,000+
• Total cost: 5-10x more than settling immediately

After Settlement: Your Remediation Obligation

Settling is the first step. Actually fixing the accessibility violations is mandatory and will be part of your settlement agreement.

Your settlement will require you to:

• Achieve specific accessibility standards: Usually WCAG 2.1 Level AA compliance
• Complete fixes within a timeframe: Usually 30-90 days
• Provide documentation: A professional audit verifying compliance
• Maintain compliance: Ongoing commitment to remain compliant

Typical remediation costs:

• Small site (under 50 pages): $2,000-$8,000
• Medium site (50-500 pages): $5,000-$30,000
• Large site (500+ pages): $20,000-$100,000+

Preventing Future Demand Letters

Once you've resolved the current situation and fixed your site, prevent this from happening again:

• Regular accessibility audits: Quarterly minimum, more frequently if you update your site often
• Accessibility checklist in development: Before launching new pages or features, verify accessibility
• Train your team: Developers should understand WCAG basics and accessibility best practices
• Use automated testing: Run accessibility tools on every development build
• Document your efforts: Keep records of accessibility work. This proves good faith if future issues arise

Key Takeaways

• Accessibility demand letters are real legal notices requiring prompt, professional response.
• Immediate action (within 5 days) reduces costs significantly.
• Verifying violations yourself provides critical information for negotiation.
• Get experienced legal counsel before responding.
• Settlement is usually the optimal outcome (70% of cases resolve this way).
• Typical settlements: $5,000-$15,000. Fighting costs 5-10x more.
• After settling, you must actually fix your site per the settlement agreement.
• Prevent future letters through ongoing accessibility maintenance.

Resources

• Americans with Disabilities Act (ADA.gov)
• WCAG 2.1 Guidelines
• DOJ Civil Rights Division - ADA
• WebAIM Accessibility Resources