What to Do After Receiving an ADA Demand Letter

Receiving an ADA web accessibility demand letter triggers urgent response requirements. This guide covers immediate actions, legal considerations, and remediation strategies to minimize exposure. The key insight: demonstrating rapid, genuine remediation efforts often leads to better outcomes than defensive posturing. Organizations that achieve compliance quickly may resolve matters more favorably than those that delay.

Don't panic. Do act quickly.

The Initial 48 Hours

What to do immediately after receiving a demand letter.

Don't Ignore It

Demand letters have response windows—typically 10-30 days. Ignoring them doesn't make them go away. It demonstrates unwillingness to address accessibility that can strengthen plaintiff cases.

Take the letter seriously. Start your response immediately.

Don't Delete Evidence

Preserve everything related to your website's accessibility state. Don't delete scan results, don't modify your site to hide issues, don't destroy correspondence. Evidence destruction creates additional legal exposure beyond the original accessibility claims.

Do Contact an Attorney

ADA demand letters have legal implications. Contact an attorney experienced in ADA web accessibility cases. They can advise on response strategy specific to your situation.

TestParty can help with technical remediation, but legal strategy requires legal counsel.

Do Understand What You Received

Demand letters typically include specific violations (what they found wrong), legal basis (ADA, state equivalents), plaintiff identification (who's claiming harm), demand specifics (what they want), and response timeline (how long you have).

Understanding the letter's contents informs your response strategy.

Understanding the Claims

What the demand letter actually means.

Common Violation Categories

Most web accessibility demand letters cite specific WCAG failures.

+--------------------+--------------------------------------------+--------------------+
|      Category      |                  Examples                  |   Legal Standard   |
+--------------------+--------------------------------------------+--------------------+
|    Perceivable     |    Missing alt text, contrast failures     |      WCAG 1.x      |
+--------------------+--------------------------------------------+--------------------+
|      Operable      |   Keyboard inaccessibility, focus issues   |      WCAG 2.x      |
+--------------------+--------------------------------------------+--------------------+
|   Understandable   |    Missing form labels, unclear errors     |      WCAG 3.x      |
+--------------------+--------------------------------------------+--------------------+
|       Robust       |         Invalid HTML, ARIA errors          |      WCAG 4.x      |
+--------------------+--------------------------------------------+--------------------+

The letter should identify specific issues. These become the remediation roadmap.

Assessing Validity

Not all demand letter claims are accurate. But most contain legitimate issues—WebAIM reports 94.8% of websites have detectable WCAG failures.

Have your site independently assessed to understand your actual accessibility state, not just what the plaintiff claims.

Settlement Ranges

According to industry data, typical ADA web accessibility settlements range as follows.

+--------------------------+-----------------------+
|          Factor          |    Settlement Range   |
+--------------------------+-----------------------+
|   First-time defendant   |     $5,000-$25,000    |
+--------------------------+-----------------------+
|     Repeat defendant     |    $25,000-$75,000    |
+--------------------------+-----------------------+
|     Serial plaintiff     |     $7,500-$20,000    |
+--------------------------+-----------------------+
|       Class action       |   $50,000-$500,000+   |
+--------------------------+-----------------------+

These ranges vary by jurisdiction, plaintiff, and circumstances.

The Remediation Response

How fixing accessibility affects legal outcomes.

Why Remediation Matters Legally

Demonstrating genuine remediation efforts often improves legal outcomes. Courts recognize that defendants who immediately begin fixing issues show good faith. Settlement negotiations favor defendants actively addressing problems.

Remediation isn't just about accessibility—it's legal strategy.

Timeline Expectations

Demand letters often require responses within 10-30 days. Full remediation may not be possible in that window. However, demonstrating substantial progress—and commitment to completion—matters.

TestParty timeline: 14-30 days to WCAG 2.2 AA compliance. This often fits within demand letter response windows.

Documentation Requirements

Document everything during remediation. Track issues identified and addressed, fixes implemented (with dates), verification testing performed, and ongoing monitoring established.

This documentation demonstrates good faith and systematic approach to accessibility.

The Remediation Approach

Quick, comprehensive remediation requires more than scanning tools.

What doesn't work:

• Installing overlays (800+ businesses sued while using them)
• Partial fixes that leave issues
• Promises without implementation

What works:

• Comprehensive detection identifying all issues
• Expert source code remediation fixing root causes
• Verification confirming fixes resolved issues
• Ongoing monitoring preventing recurrence

Working with Legal Counsel

Coordinating legal and technical response.

What Your Attorney Needs

Your attorney needs your current accessibility state (scan results), remediation plan and timeline, historical accessibility efforts (if any), and technical documentation of fixes.

TestParty provides technical documentation suitable for legal proceedings.

What Your Attorney Handles

Legal counsel manages response drafting, negotiation strategy, settlement discussions, and court filings if necessary.

Don't try to negotiate directly without legal guidance.

The Coordination Model

Effective response coordinates legal and technical work.

+------------+-----------------------------+------------------------------+
|    Week    |         Legal Track         |       Technical Track        |
+------------+-----------------------------+------------------------------+
|     1      |   Review letter, strategy   |   Comprehensive assessment   |
+------------+-----------------------------+------------------------------+
|     2      |   Plaintiff communication   |      Remediation begins      |
+------------+-----------------------------+------------------------------+
|     3      |    Negotiation framework    |        Fixes deployed        |
+------------+-----------------------------+------------------------------+
|     4      |    Settlement discussion    |    Verification complete     |
+------------+-----------------------------+------------------------------+

Parallel tracks allow rapid response on both fronts.

After Resolution

What happens after settling or winning.

Monitoring Requirements

Many settlements include monitoring provisions. Common requirements include ongoing accessibility testing (quarterly to annual), reporting obligations (documenting compliance), and third-party verification (independent audits).

TestParty's continuous monitoring satisfies these requirements automatically.

Preventing Recurrence

One demand letter increases likelihood of another. Serial plaintiff firms share information. Documented accessibility failures make you a target.

The solution: genuine, ongoing compliance.

+----------------------------------------------------+-----------------------+
|               Post-Settlement State                |    Recurrence Risk    |
+----------------------------------------------------+-----------------------+
|          Minimum compliance + monitoring           |        Moderate       |
+----------------------------------------------------+-----------------------+
|  Comprehensive compliance + continuous monitoring  |          Low          |
+----------------------------------------------------+-----------------------+
|           TestParty customer (<1% sued)            |   Lowest documented   |
+----------------------------------------------------+-----------------------+

Long-Term Strategy

Treat the demand letter as an opportunity to establish permanent accessibility practices. The cost of ongoing compliance is less than repeated legal exposure.

Customer Experience: Post-Demand Resolution

How organizations responded to demand letters successfully.

The Situation

An e-commerce company received an ADA demand letter citing 47 specific WCAG violations. Response window: 30 days. Legal exposure estimate: $50,000+.

Their site was running an overlay widget—which the plaintiff attorney specifically noted as insufficient.

The Response

They removed the overlay (which provided no protection), engaged TestParty for rapid remediation (Spotlight scan revealed 200+ issues beyond the 47 cited), expert remediation addressed all issues within 21 days, and documentation provided to legal counsel for settlement negotiations.

The Outcome

Settlement: $15,000—significantly below initial demand. The demonstrated rapid remediation and comprehensive approach led to favorable negotiation position. Ongoing TestParty protection prevents recurrence. No subsequent demand letters.

The total investment (settlement + TestParty) was less than fighting the lawsuit would have cost.

Prevention Going Forward

How to avoid future demand letters.

The Statistics

According to Seyfarth Shaw research, 8,800 ADA Title III lawsuits were filed in 2024. Web accessibility represents a significant and growing portion.

The Protection Path

<1% of TestParty customers have been sued while using the platform. The protection model combines comprehensive detection (Spotlight AI with 99% accuracy), expert remediation (source code fixes via GitHub PRs), continuous monitoring (daily scans catching new issues), and CI/CD prevention (Bouncer blocks violations pre-deployment).

This eliminates the violations that trigger demand letters.

The Investment Framework

+----------------------------------------------------+----------------------+
|                      Scenario                      |         Cost         |
+----------------------------------------------------+----------------------+
| Demand letter received + settlement + remediation  |   $30,000-$100,000   |
+----------------------------------------------------+----------------------+
|           TestParty annual subscription            |   $12,000-$60,000    |
+----------------------------------------------------+----------------------+
|          Prevention vs. reaction savings           |   $18,000-$40,000+   |
+----------------------------------------------------+----------------------+

Prevention costs less than reaction. Every time.

Frequently Asked Questions

What should I do immediately after receiving an ADA demand letter?

First 48 hours: Don't ignore it—response windows are typically 10-30 days. Don't delete evidence or modify your site to hide issues. Do contact an attorney experienced in ADA web accessibility. Do understand what the letter claims and requests. Begin comprehensive accessibility assessment to understand your actual state beyond plaintiff claims.

How long do I have to respond to an ADA demand letter?

Typical response windows range from 10-30 days. Your attorney can sometimes negotiate extensions. The key is demonstrating action—not necessarily completing remediation—within the window. TestParty achieves WCAG 2.2 AA compliance in 14-30 days, often fitting within response timelines. Begin immediately to maximize options.

Does fixing my website help my legal case?

Yes. Demonstrating genuine remediation efforts often improves legal outcomes. Courts and plaintiffs recognize good faith efforts to address accessibility. Quick, comprehensive remediation strengthens negotiating position in settlements. Documentation of systematic fixes, verification testing, and ongoing monitoring all support favorable resolution.

Should I install an accessibility overlay after receiving a demand letter?

No. Overlays don't provide protection—over 800 businesses using overlays were sued in 2023-2024. Plaintiff attorneys often specifically cite overlay presence as evidence of inadequate response. Some courts have found overlays insufficient. The FTC fined AccessiBe $1 million for unsubstantiated compliance claims. Use source code remediation instead.

How much do ADA web accessibility settlements typically cost?

Settlement ranges vary by circumstances. First-time defendants typically settle for $5,000-$25,000. Repeat defendants face $25,000-$75,000. Serial plaintiff cases often settle for $7,500-$20,000. Class actions can exceed $500,000. Add legal fees ($10,000-$50,000+) and required remediation costs. Total exposure: $30,000-$150,000+ per case.

How do I prevent future ADA demand letters?

Achieve and maintain genuine WCAG compliance. <1% of TestParty customers have been sued while using the platform. The protection model: comprehensive detection (AI scanning), expert source code remediation (actual fixes), continuous monitoring (daily scans), and CI/CD prevention (block violations before deployment). Ongoing compliance costs less than repeated legal exposure.

Related Resources

For more on ADA web accessibility legal considerations:

• ADA Web Accessibility Requirements — Legal overview
• ADA Lawsuit Statistics 2025 — Current trends
• WCAG 2.2 Compliance Requirements — Technical standards

Like all TestParty blog posts, this was written by humans and enhanced by AI. This content is for educational purposes only. Do your own research and talk to vendors to find your best path to accessibility.