ADA Demand Letter: What It Means and What to Do If You Get One

Receiving an ADA demand letter can be frustrating — and anxiety-riddled. Especially if you’re a smaller business with limited resources and a tight budget. The legal language alone can be intimidating, and if accessibility wasn’t already on your radar, it likely is now. Yet, you may not fully know what an ADA demand letter means for your business or what to do next. 

The good news? You have options. While it’s important to take the letter seriously, there are steps you can take to assess your digital content’s accessibility, respond appropriately, and work toward compliance. 

Below, we’ll explain exactly what an ADA demand letter is, why you received one, and — most importantly — what you can do about it.

Digital Accessibility and ADA Demand Letters

What is an ADA Demand Letter?

An ADA demand letter is a formal complaint alleging that your website, mobile app, online documents, or other digital content is not accessible to individuals with disabilities, potentially violating the Americans with Disabilities Act(opens in a new tab) (ADA). These letters are often sent by law firms or advocacy groups on behalf of an individual who encountered barriers while trying to use your digital content. The letter typically outlines the accessibility issues found, the legal basis for the claim, and a request for corrective action — sometimes including a settlement demand to avoid litigation. 

If you’ve received an ADA demand letter, you’re not alone. Website accessibility lawsuits have been on the rise (2024 saw a 7% increase in accessibility lawsuits from 2023(opens in a new tab) with 8,800 filed), and businesses of all sizes, especially those in eCommerce, healthcare, and financial services, are increasingly being targeted. The key is not to panic. Instead, try to understand what’s being asked of you and determine your next steps from there.

What Accessibility Standard Is Your Digital Content Being Measured Against?

Most ADA demand letters reference the Web Content Accessibility Guidelines(opens in a new tab) (WCAG) as the standard your website should meet. WCAG is an internationally recognized accessibility guideline developed by the World Wide Web Consortium (W3C) to ensure digital content is accessible to people with disabilities. 

It’s important to note that the ADA itself does not include technical standards on how to make digital content accessible. Rather, the ADA uses the accessibility standards outlined in WCAG 2.1 Level AA as the benchmark for accessibility. More simply, your digital content should meet the 50 success criterion outlined in WCAG 2.1 Level AA to meet ADA compliance requirements. This includes guidelines around text readability, keyboard navigation, screen reader compatibility, and more. 

One additional note: Some ADA demand letters may reference WCAG 2.0, while newer ADA lawsuits are starting to cite WCAG 2.2, which introduces additional improvements for users with cognitive and mobility impairments. Understanding which version of WCAG your website is being evaluated against is crucial for determining what needs to be fixed. If you’re unsure, an accessibility audit can help you pinpoint the exact barriers flagged in the complaint.

ADA compliance lawsuits increasing

Elements of an ADA Demand Letter

Now that you understand what an ADA demand letter is, let’s take a closer look at its different elements. While the specifics may vary, most demand letters include the following elements:

List of Website Elements that Fail Conformance

This section highlights the areas of your website or mobile application that allegedly create barriers for users with disabilities, such as:

• Missing or inadequate alt text for images, making non-text content inaccessible to screen reader users. 

• Poor color contrast makes text difficult to read for users with visual impairments (e.g., low vision or color blindness).

• Keyboard navigation issues prevent people who rely on a keyboard (rather than a mouse) from interacting with menus or forms. 

• Lack of captions or transcripts for video and audio content, excluding deaf or hard-of-hearing users. 

The letter may reference specific web pages, functionalities, or WCAG success criterion that your site is allegedly missing.

Suggestions to Achieve Conformance

Some demand letters include recommendations for bringing your site into compliance. These may be broad, such as stating that your website must meet WCAG 2.1 Level AA, or more specifically, pointing out individual fixes like adding alt text or improving form labels. 

While these suggestions might give you a starting point, they’re not always comprehensive. The best course of action is to conduct a full accessibility audit to identify all potential issues — not just the ones listed in the letter.

Timeline to Achieve Conformance

The demand letter may include a deadline by which you’re expected to resolve the accessibility issues. The timeline can vary but is often within 30 to 60 days. While this might seem like a short window, it’s important to act quickly — either by starting issue resolution efforts or negotiating for more time if necessary.

Suggested Settlement to Avoid Litigation

In many cases, the demand letter will outline a proposed settlement amount to resolve the issue outside of court. This can include:

• Monetary compensation for the complaint, their legal fees, and other non-compliance fines. 

• A commitment to achieving compliance within a specified timeframe. 

• Regular accessibility monitoring to prevent future violations.

Some settlements may be reasonable, others can be excessive — especially for small businesses. Before agreeing to pay anything, consider consulting with legal counsel and accessibility experts to ensure the amount is fair and to understand your options.

A checklist with an accessibility icon.

Steps to Take After Getting an ADA Demand Letter

So what happens if you do receive an ADA demand letter? First thing to do: Don’t panic. It can feel overwhelming — and rightly so. Following the steps below can help you quickly resolve the issue and reduce your risk of further legal action. Here’s how to proceed:

1. Understand Accessibility Requirements

Before making any decisions, ensure you understand what’s being asked of you. According to the ADA, organizations are required to provide equal access to individuals with disabilities in places of public accommodation, which includes online spaces. As mentioned above, the ADA itself doesn’t specify a technical accessibility standard but instead uses the accessibility standards outlined in WCAG 2.1 Level AA. 

Reviewing the accessibility standards in WCAG can help you understand where the alleged violation occurred and what steps to take to resolve the issue. Check out our Comprehensive WCAG Checklist and ADA Requirements for Businesses article to get up to speed on ADA accessibility requirements. 

Remember: the more you understand accessibility requirements, the better you’ll be able to assess the letter’s claims and take action.

2. Seek Legal Advice

Because ADA demand letters often come with legal implications, consulting an attorney — especially one experienced in digital accessibility cases — is highly recommended. An ADA lawyer can help you:

•  Determine the legitimacy of the claim and whether the issues raised in the letter are valid.

• Assess your options for responding, whether negotiating, making a good-faith effort to fix accessibility issues, or disputing the claims.

• Avoid unnecessary settlements by ensuring you’re not paying more than necessary.

If you’re unsure of where to turn, AudioEye’s Legal Support is designed to give you peace of mind, evaluating claims, implementing necessary fixes, and providing expert support throughout the entire legal process. Plus, with AudioEye Assurance, you’ll enjoy a level of protection that’s 400% better than consulting or automation-only approaches.

3. Audit Your Website

Before you respond to the letter, conduct a comprehensive audit of your website to confirm the issues raised and identify any additional accessibility barriers. A thorough audit will help you:

• Verify the accuracy of the complaint — not every ADA demand letter is fully substantiated. 

• Catch any other accessibility issues that weren’t mentioned in the letter but could still pose a risk.

• Develop a plan for fixing issues in an efficient and effective manner.

Using a website accessibility checker — like this one from AudioEye — can help you find common accessibility issues. However, we recommend supplementing automated testing with audits from accessibility experts and members of the disability community to help you find more complex issues that further put you at risk.

4. Fix Accessibility Issues and Prevent Future Problems

Once you have a clear understanding of your website’s accessibility issues, the next step is to fix them. There are two ways you can do this:

• Automated fixes: Some accessibility platforms can fix common accessibility issues like missing alt text or poor color contrast automatically, streamlining your path to resolution.

• Manual fixes: This approach involves fixing accessibility issues yourself and is often necessary for more complex accessibility issues, including poor keyboard navigation, assistive technology compatibility, descriptive link text, and more.

We recommend taking a hybrid approach — using technology to fix common issues and audits (either from yourself or accessibility experts) to find and fix as many accessibility issues as possible.

5. Respond to the Letter

After you’ve started making progress on fixing accessibility issues, it’s time to formally respond. This should be done in consultation with your attorney and should:

• Acknowledge receipt of the letter.

• Outline the steps taken or planned to resolve accessibility barriers.

• If appropriate, negotiate a reasonable resolution. 

A well-structured response can demonstrate good faith and potentially avoid costly legal action.

6. Publish an Accessibility Statement

Finally, add an accessibility statement to your website. Doing so is a proactive way to show your commitment to accessibility. Be sure it includes your ongoing efforts to improve accessibility, contact information for users to report accessibility issues, and the standards you’re aiming to meet (e.g., WCAG 2.1 Level AA). This transparency can help build trust with your users, create a better digital experience, and reduce the risk of future complaints.

Illustration of mountains where one peak has an icon of a gavel on it and the biggest peak has an accessibility icon on it with a flag on top

AudioEye Assurance: Compliance Guarantee and Comprehensive Legal Support

Receiving an ADA demand letter can be a wake-up call — but it doesn’t have to be a disaster. Understanding the legal landscape, auditing your website, and taking meaningful steps toward compliance can help you protect your business and create a better user experience for everyone. 

If you’ve received an ADA demand letter (or want to lower your risk of receiving one), AudioEye can help. AudioEye takes a three-pronged approach to accessibility, using AI-driven automation technology, audits with members of the disability community, and testing the development process to lower your risk of non-compliance with the ADA. Offered alongside our Automated Accessibility Platform, AudioEye Assurance and Legal Support provides both legal and technical support to ensure your website meets accessibility standards. With AudioEye, you’ll have peace of mind knowing you’re backed by the only accessibility platform in the industry that can provide a genuine protection guarantee. 

Don’t navigate the accessibility legal landscape on your own. See how AudioEye can help you achieve compliance — schedule a demo now.