I Got an ADA Website Lawsuit: Your 48-Hour Action Plan

You just opened a demand letter claiming your website violates the Americans with Disabilities Act. The settlement demand is $15,000. Your heart is racing. What do you do right now?

This moment happens to thousands of eCommerce businesses every year—including many that thought they were doing everything right. The good news is that taking the right steps immediately can significantly reduce your legal exposure, settlement costs, and long-term risk. This guide walks you through exactly what to do in the first 48 hours after receiving an ADA website accessibility lawsuit.

Stop: Don't Panic, Don't Ignore, Don't Delete

Before you do anything else, understand three critical facts about ADA website lawsuits:

They're real legal threats. ADA website accessibility lawsuits increased 14% in 2024, with over 4,500 federal cases filed. Courts consistently rule that Title III of the ADA applies to websites, not just physical locations. Ignoring the lawsuit will result in default judgment and larger penalties.

Quick settlements aren't always the best strategy. While settling gets rid of the immediate lawsuit, it also puts you on plaintiff attorneys' target lists and does nothing to fix the underlying issues that made you vulnerable in the first place. You'll likely face another lawsuit within 12-18 months.

Remediation timing matters for your defense. The steps you take in the next 48-72 hours directly impact your settlement negotiations, legal defense options, and documentation of good faith compliance efforts. Courts look favorably on businesses that respond immediately with substantive remediation rather than delay tactics.

Hour 1-4: Secure Legal Counsel and Preserve Evidence

Find an Attorney Who Specializes in Digital Accessibility Law

Call an attorney experienced specifically with ADA Title III website accessibility cases—not just general employment or premises liability. Digital accessibility law requires understanding of WCAG technical standards, how screen readers interact with code, and current judicial interpretations of web accessibility requirements.

Your attorney will review the demand letter, assess the strength of the claims, and advise on response strategy based on your specific situation. Most importantly, they'll ensure you meet critical deadlines: demand letters typically give 30-60 days to respond, while federal lawsuits require a formal answer within 21 days of being served.

Key question to ask potential attorneys: "How many ADA website accessibility cases have you handled in the past 12 months, and what were the outcomes?" You want someone who handles these cases regularly, not occasionally.

Document Your Website's Current State

Before making any changes to your site, create a complete snapshot of its current state:

• Take detailed screenshots of every page mentioned in the demand letter, including the specific areas where violations are alleged
• Save a complete backup of your website's source code, including HTML, CSS, JavaScript, and any third-party scripts
• Export your current theme if you're on Shopify or another platform that uses themes
• Document any accessibility tools currently installed, including widgets, overlays, or scanning tools
• Record the date and time you created these backups

This evidence serves multiple purposes. It documents your site's exact state when the lawsuit was filed, which becomes valuable if plaintiff claims later prove inaccurate. It provides your attorney with technical details needed to assess the case. And it creates a clear "before" picture that demonstrates the scope of your remediation efforts.

Review the Specific Allegations

Read the demand letter carefully to understand exactly what accessibility violations are being claimed. Common allegations in ADA website lawsuits include:

• Missing alt text on images - Screen readers can't describe images to blind users
• Insufficient color contrast - Text doesn't meet minimum contrast ratios against backgrounds
• Keyboard navigation failures - Interactive elements can't be accessed without a mouse
• Missing form labels - Screen readers can't identify what information form fields require
• Inaccessible custom components - Dropdowns, carousels, or modals that don't work with assistive technology

Write down the specific WCAG success criteria mentioned in the letter (like "1.1.1 Non-text Content" or "2.1.1 Keyboard"). Understanding the technical violations helps you evaluate remediation vendors and assess whether the claims are accurate.

Hour 4-12: Assess Your Response Strategy Options

Work with your attorney to evaluate three primary response paths, each with different financial implications and long-term consequences.

Option 1: Settle Immediately

Timeline: 30-90 days
Cost: $5,000-$20,000 settlement + $3,000-$8,000 attorney fees
Long-term risk: High - puts you on target lists

Immediate settlement makes the current lawsuit disappear quickly. The plaintiff's attorney withdraws the case, you sign a release preventing them from suing again for similar issues, and you move on with your business.

However, settlement without remediation leaves your site just as vulnerable as before. Worse, settling signals to plaintiff attorneys that your business pays quickly, making you an attractive target for future lawsuits from different plaintiffs. Many businesses that settle once face 2-3 additional lawsuits within 18 months.

When settlement makes sense: You're facing multiple lawsuits from different plaintiffs, your business is actively for sale, or you're already mid-remediation and settlement gets you across the finish line.

Option 2: Fight the Lawsuit

Timeline: 6-18 months
Cost: $15,000-$75,000 in legal fees
Long-term risk: Depends on your defense strength

Mounting a legal defense works best when paired with immediate, substantive remediation efforts. If you respond with documentation showing you've taken meaningful steps to fix the alleged violations plus implemented ongoing monitoring, many plaintiff firms will drop the case or significantly reduce settlement demands.

The key is demonstrating good faith compliance efforts, not just arguing technical defenses. Courts have little patience for businesses that argue the ADA doesn't apply to websites or that accessibility is too burdensome. They're far more receptive to defendants who say "we've already fixed the issues you identified and implemented systems to prevent future violations."

When fighting makes sense: The allegations are factually inaccurate, you can quickly remediate the issues cited, or you're committed to comprehensive accessibility improvements that strengthen your defense.

Option 3: Settle with Remediation Requirements

Timeline: 90-180 days
Cost: $500-$10,000 settlement + remediation costs
Long-term risk: Medium - depends on quality of remediation

Some settlement negotiations include specific accessibility remediation requirements as part of the agreement. You settle the current case while committing to fix underlying issues within a defined timeline, often with plaintiff attorney oversight of the remediation process.

This approach resolves the immediate legal threat while addressing root causes. The challenge is ensuring your remediation meets both the settlement requirements and broader WCAG standards that protect you from future lawsuits by different plaintiffs.

When this makes sense: You want the lawsuit resolved quickly but recognize the importance of genuine compliance, or the settlement terms include plaintiff attorney approval of remediation plans.

Hour 12-48: Begin Immediate Remediation (Regardless of Legal Strategy)

Here's what many businesses miss: you should start fixing accessibility issues immediately, regardless of which legal strategy you pursue. Documented remediation efforts strengthen every response path—they reduce settlement demands if you're negotiating, support good faith defenses if you're fighting, and protect you from repeat litigation regardless of how the current case resolves.

What NOT to Do: Install an Accessibility Overlay

If you don't already have an accessibility widget installed, don't add one now. If you already have one, don't rely on it as your remediation strategy.

Accessibility overlays like accessiBe, UserWay, and AudioEye use JavaScript to modify how your site appears to users, but they don't fix issues in your source code. More importantly, courts increasingly reject overlay-only approaches as adequate compliance:

• The FTC issued a $1 million settlement against accessiBe in April 2025 for deceptive marketing claims about WCAG compliance
• Multiple businesses have been sued despite having overlays already installed
• Overlays can't address fundamental structural issues like improper heading hierarchy, missing form labels, or inaccessible custom components

If you're currently being sued and already have an overlay installed, that fact actually strengthens your case for pursuing genuine code-level remediation. It demonstrates that quick-fix solutions don't work and that you're now committed to proper compliance.

What TO Do: Fix Issues in Your Source Code

Effective remediation addresses accessibility violations directly in your website's HTML, CSS, and JavaScript—not through overlays or band-aid solutions. For eCommerce businesses specifically, you need an approach that:

• Works fast enough to support your legal defense - Traditional auditing firms take 3-6 months just to deliver a report, which doesn't help when you're facing a 30-day settlement deadline
• Fixes root causes, not symptoms - Proper semantic HTML, ARIA labels, and keyboard navigation patterns that actually work with assistive technology
• Includes human validation - Automated tools catch about 30% of WCAG violations; you need expert auditors using actual screen readers to find the rest
• Provides documentation for your attorney - Date-stamped reports that demonstrate good faith compliance efforts

For Shopify stores facing ADA lawsuits, TestParty's eCommerce accessibility service delivers full WCAG 2.1 Level AA compliance in two weeks by applying fixes directly to your theme's source code, then maintains compliance through daily AI scans and monthly expert audits. Learn more about TestParty's approach to always-on accessibility or review our guides for fixing issues on your own.

Create Your Accessibility Documentation Trail

Start building evidence of your compliance commitment immediately:

Draft a public accessibility statement that includes:

• Your commitment to WCAG 2.1 Level AA conformance
• Known limitations you're working to address
• Contact method for users to report accessibility barriers
• Timeline for ongoing accessibility improvements

The W3C provides guidance on creating effective accessibility statements that communicate your commitment while setting realistic expectations.

Document every remediation action:

• Date accessibility issues were identified
• Specific fixes implemented with completion dates
• Testing methodology (automated scans + human validation)
• Results of post-remediation testing

Establish ongoing monitoring: The most powerful evidence of good faith compliance is demonstrating that accessibility isn't a one-time fix but an ongoing operational commitment. Daily automated scans that catch new issues as they're introduced, combined with regular expert audits, show courts and plaintiff attorneys that you're serious about maintaining compliance.

This documentation becomes part of your legal defense, reduces settlement demands, and protects you from future litigation.

Days 3-14: Coordinate Legal Strategy with Technical Remediation

Once you've secured counsel and begun remediation, coordinate your legal response with your accessibility improvements.

Your Attorney Drafts the Legal Response

Your lawyer crafts a response that reflects your remediation efforts. Strong responses typically include:

• Acknowledgment of accessibility's importance
• Detailed description of remediation steps already taken
• Documentation of ongoing monitoring and compliance systems
• Timeline for completing any remaining improvements
• Evidence of good faith compliance commitment

What NOT to include: Arguments that the ADA doesn't apply to websites, that accessibility is too burdensome, or that WCAG compliance is impossible. Courts reject these defenses, and they signal that you're not taking the issue seriously. The DOJ has consistently maintained that Title III applies to web content since 1996.

You Provide Technical Documentation to Your Attorney

Supply your lawyer with evidence that strengthens your response:

• Initial accessibility audit report showing violations identified
• Remediation completion documentation with before/after comparisons
• Validation testing results from screen reader and keyboard navigation tests
• Ongoing monitoring commitment with sample reports from daily scans
• Public accessibility statement published on your website

The more substantive your remediation efforts, the more leverage your attorney has in settlement negotiations or in mounting a defense.

You Prepare for Different Outcome Scenarios

Depending on how plaintiff attorneys respond to your legal strategy and remediation evidence, be prepared for several potential outcomes:

Scenario 1: Plaintiff drops or significantly reduces demands - Common when you demonstrate comprehensive remediation with ongoing monitoring. Many plaintiff firms look for quick settlements and aren't interested in pursuing cases against businesses that have genuinely fixed issues.

Scenario 2: Negotiated settlement with reduced amount - Your remediation efforts give your attorney leverage to negotiate lower settlement amounts, often 40-60% below initial demands.

Scenario 3: Extended timeline for compliance - Some settlements involve agreeing to complete specific remediation milestones within defined timeframes rather than immediate payment.

Scenario 4: Case proceeds to litigation - Rare when paired with substantial remediation, but your documented compliance efforts strengthen your defense if the case does go forward.

Common Mistakes That Make Your Situation Worse

Avoid these response errors that increase your legal exposure and costs:

Installing an overlay and calling it done - Courts don't accept overlay-only solutions, and you'll face another lawsuit with even less sympathy from judges who see you chose the cheapest option despite being put on notice.

Waiting until the settlement deadline to respond - Plaintiff attorneys interpret delay as reluctance to engage seriously. Immediate action with documented remediation gives you negotiating leverage.

Only fixing the specific pages mentioned in the lawsuit - Plaintiffs can amend complaints to include additional pages, and spot-fixing leaves you vulnerable to future lawsuits for violations on other parts of your site.

Hiring an auditing firm without a remediation plan - Audits take months to complete, and even after you receive the report, your engineering team still needs to interpret findings and implement fixes. This timeline doesn't help your legal defense.

Relying solely on automated scanning tools - Automated tools catch approximately 30% of WCAG violations. Without human expert validation using actual assistive technologies, you have no reliable evidence that your site is accessible. WebAIM's research consistently shows that automated detection has significant limitations.

Failing to document your compliance efforts - Without date-stamped reports showing what you fixed and when, you can't demonstrate good faith compliance efforts to courts or plaintiff attorneys.

Turn Crisis Into Competitive Advantage

Here's the perspective shift that changes everything: while your competitors are ignoring accessibility until they get sued, you're now building a genuinely accessible eCommerce experience that serves a broader customer base.

The 61 million Americans with disabilities control $490 billion in disposable income. Accessible sites don't just reduce legal risk—they capture revenue that competitors miss because their sites don't work with assistive technology.

Accessibility features also directly improve SEO because Google's algorithms prioritize the same technical factors: semantic HTML, descriptive text, clear heading hierarchy, and keyboard-accessible navigation. Many businesses see organic search traffic increase 10-15% after comprehensive accessibility remediation.

Most importantly, you're building a compliance program that operates continuously rather than reactively. Daily automated scans catch new issues as they're introduced. Monthly expert audits validate that your site works for real users with disabilities. Date-stamped reports document your ongoing commitment. This infrastructure protects you from future litigation and demonstrates the kind of good faith compliance efforts that courts recognize.

Your Next Steps in the Next Hour

Stop reading and take these three actions right now:

1. Contact an attorney who specializes in ADA Title III website accessibility cases - Not tomorrow, not next week. Today. The clock is already running on your response deadline.
2. Create a complete backup of your website in its current state - Screenshots of alleged violation areas, full source code backup, and documentation of any accessibility tools currently installed.
3. Book a demo with TestParty to see how two-week Shopify accessibility remediation with ongoing monitoring can support your legal defense and protect you from future lawsuits.

The businesses that minimize their legal exposure and settlement costs are the ones that respond immediately with substantive remediation. You're now equipped with the roadmap to do exactly that.

Frequently Asked Questions

Can I just settle and avoid all of this?

You can settle the current lawsuit, but settlement without remediation leaves you vulnerable to future lawsuits from different plaintiffs. Many businesses that settle once face 2-3 additional lawsuits within 18 months. The total cost of serial settlements typically exceeds the cost of comprehensive remediation plus legal defense of the first case.

Will installing an accessibility widget satisfy the lawsuit?

No. Courts increasingly reject overlay-only approaches as adequate compliance, and the FTC recently settled with accessiBe for $1 million over deceptive marketing claims about WCAG compliance. Many businesses have been sued despite having overlays installed because widgets can't fix structural code issues.

How long does proper accessibility remediation take?

It depends on your platform and current site state. For Shopify stores, TestParty delivers full WCAG 2.1 Level AA compliance in two weeks through direct theme code fixes. Traditional approaches involving auditing firms and internal engineering teams typically take 6-18 months from initial audit to completion.

What's the difference between WCAG 2.1 Level A, AA, and AAA?

Level A covers the most basic accessibility features. Level AA is the standard referenced in most ADA lawsuits and legal settlements. Level AAA is the highest conformance level, typically required only for specialized audiences. Most eCommerce businesses target WCAG 2.1 Level AA compliance.

Can I handle remediation myself without hiring specialists?

You can attempt in-house remediation if you have engineering resources familiar with WCAG standards, assistive technology testing, and semantic HTML. However, most eCommerce businesses lack this specialized expertise, and incomplete remediation doesn't adequately protect you from future litigation. The risk is spending months on DIY efforts that still leave you vulnerable.

How do I know if my remediation is actually working?

Effective validation requires testing with actual assistive technologies—screen readers like JAWS or NVDA, keyboard-only navigation, and zoom testing at 200% magnification. Automated scanning tools catch approximately 30% of WCAG violations; the other 70% require human expert evaluation. Look for remediation services that include both automated daily scanning and monthly human audits using real assistive technology. Learn more about TestParty's validation approach.