What To Do When You Get an ADA Website Lawsuit (And Why Your Widget Didn't Protect You)

A comprehensive guide answering the questions ecommerce brands actually ask when facing accessibility lawsuits

Part 1: I Just Got a Demand Letter—What Do I Do?

"What do I do if I got an ADA website lawsuit?"

First, don't panic—but do act quickly. Here's the step-by-step reality of what happens next:

Within the first 48 hours:

1. Forward the demand letter to legal counsel immediately. If you don't have an attorney experienced in ADA web accessibility cases, find one. Many plaintiff attorneys send hundreds of these letters monthly; you need someone who understands the landscape.
2. Do NOT make changes to your website yet. This sounds counterintuitive, but making rushed changes without documentation can actually hurt your legal position. You need a clear "before" baseline and a documented remediation plan.
3. Preserve all records of your current accessibility efforts. If you have an overlay widget installed, scan reports, or any accessibility work—document it now. Screenshots, invoices, emails with vendors.
4. Get a professional accessibility audit. Not from the company that sold you your current solution. You need an independent assessment of your actual WCAG compliance status.

The typical timeline:

Most ADA website demand letters give you 30-60 days to respond. Settlements typically range from $5,000 to $25,000 for small-to-mid-sized ecommerce sites, though this varies significantly based on your revenue, the plaintiff's attorney, and your documented efforts at compliance.

What actually matters for your defense:

Plaintiff attorneys and courts look for evidence that you're making genuine, ongoing efforts toward accessibility—not just checking a box. This means:

• Daily or weekly scanning with documented reports
• Actual code changes (not just an overlay)
• An accessibility statement on your website
• A clear remediation timeline
• Evidence that you're addressing issues as they arise

"How to respond to an accessibility demand letter"

Your response strategy depends on your actual compliance status. Here's the honest breakdown:

If you have an overlay widget and nothing else: You're in a weaker position than you think. Overlay widgets have been explicitly rejected by accessibility advocacy groups, and courts are increasingly skeptical of them. Your attorney will likely recommend settling quickly while you implement actual remediation.

If you have documented, ongoing accessibility work: You have leverage. Provide your attorney with:

• Scan reports showing issue counts over time
• Git commits or deployment records showing code fixes
• Your accessibility statement
• Any third-party audit reports
• Evidence of accessibility training for your team

This documentation can significantly reduce settlement amounts or even lead to dismissal.

If you've done nothing: Be honest with your attorney. Trying to backdate or fake accessibility efforts will make things worse. Focus on implementing real remediation immediately and document everything going forward.

The response letter typically includes:

1. Acknowledgment of the complaint
2. Evidence of your current accessibility efforts
3. A detailed remediation plan with specific timelines
4. A proposed settlement amount (if applicable)
5. Commitment to ongoing compliance monitoring

"How to settle an ADA website lawsuit"

Settlement negotiations follow a somewhat predictable pattern. Here's what actually happens:

Typical settlement ranges (based on company revenue):

• Under $1M revenue: $3,000-$8,000
• $1M-$10M revenue: $5,000-$15,000
• $10M-$50M revenue: $10,000-$25,000
• $50M+ revenue: $20,000-$50,000+

These ranges vary significantly based on:

• The plaintiff attorney's typical demands
• Your documented accessibility efforts
• Whether you've been sued before
• How quickly you achieve verifiable compliance
• The strength of your legal representation

What settlement typically requires:

1. Monetary payment to the plaintiff
2. Documented remediation within 90-180 days
3. Ongoing monitoring (usually 1-3 years)
4. Accessibility statement published on your site
5. No admission of liability (standard in most settlements)

The hidden cost: Most companies budget $10,000-$20,000 for the settlement itself but forget the 80+ hours of internal time spent on documentation, legal coordination, and remediation management. This is often the larger expense.

Part 2: Why Your Widget Didn't Work

"Why did I get sued with AccessiBe installed?"

This is the most common question we hear from new customers. Here's the direct answer:

Overlay widgets don't actually fix your code. They add a JavaScript layer on top of your website that attempts to modify the user experience for assistive technology users. The underlying accessibility violations remain in your source code.

Here's why this matters legally:

1. Screen readers often conflict with overlays. Users who rely on assistive technology frequently report that overlay widgets actually make sites harder to use, not easier. When a blind user can demonstrate in court that your "accessibility solution" made things worse, your defense collapses.
2. Automated scanners can see through overlays. The WCAG violations in your code still exist. Plaintiff attorneys run scans that detect these underlying issues regardless of your widget.
3. The accessibility community has formally rejected overlays. Over 700 accessibility professionals signed an open statement opposing overlay widgets. This is cited in legal proceedings.
4. Repeat lawsuits are common. Many companies using overlays get sued multiple times because the underlying issues were never fixed.

The "post-it on a bandit" problem:

One of our customers described their previous overlay experience perfectly: "It's like putting a post-it on a bandit instead of a Band-Aid." The wound is still there. You've just covered it up.

What actually happened with your widget:

• Your site still had missing alt text on images
• Form labels were still improperly coded
• Keyboard navigation was still broken
• Color contrast violations remained in your CSS
• ARIA labels were still missing or incorrect

The widget may have added some surface-level modifications, but none of the 50+ WCAG success criteria were actually addressed in your source code.

"Are accessibility widgets actually compliant?"

No. And here's why this matters:

The legal standard is WCAG 2.1 AA (or increasingly, WCAG 2.2 AA). This is a technical specification with 50+ specific success criteria. Each criterion requires specific implementation in your actual HTML, CSS, and JavaScript.

What widgets claim to do:

• "AI-powered accessibility"
• "Automatic WCAG compliance"
• "One-click accessibility"

What widgets actually do:

• Add a toolbar that lets users change font sizes and colors
• Attempt to inject ARIA labels via JavaScript
• Add a visual overlay for some contrast adjustments
• Provide a screen reader "profile" that often conflicts with actual screen readers

What widgets cannot do:

• Fix your heading structure (H1, H2, H3 hierarchy)
• Add proper form labels in your HTML
• Fix keyboard focus indicators in your CSS
• Correct semantic HTML issues
• Fix broken skip links
• Repair data table markup
• Address video captioning
• Fix PDF accessibility
• Correct complex interactive component issues

The National Federation of the Blind's position:

The NFB, representing blind Americans, has explicitly stated that overlays "are not compliant with accessibility standards" and has actively supported lawsuits against companies using them.

The Department of Justice's position:

The DOJ has stated that compliance means conformance with WCAG, not the use of any particular technology. An overlay is not compliance—meeting the actual technical criteria is compliance.

"Will an accessibility overlay protect me from lawsuits?"

No. The data is clear:

Companies using overlays are sued at similar rates to companies with no accessibility solution. Some plaintiff attorneys specifically target sites with overlays because they know the underlying violations still exist.

Recent legal outcomes:

Multiple courts have rejected overlay usage as evidence of compliance. In several cases, the overlay company's own terms of service—which disclaim compliance guarantees—have been used against defendants.

The insurance angle:

We're developing an accessibility insurance product and have spent months with underwriters. Here's what they've told us: overlay widgets do not reduce your risk profile. Underwriters look for evidence of actual remediation, not overlay installation.

What does protect you:

• Documented, ongoing accessibility testing
• Actual code remediation
• Third-party audits
• Clear accessibility statements
• Demonstrated response to identified issues
• A paper trail showing continuous improvement

Part 3: Finding a Solution That Actually Works

"AccessiBe vs fixing source code for accessibility"

This is the fundamental choice every ecommerce brand faces. Here's the honest comparison:

FactorOverlay WidgetSource Code RemediationUpfront effortInstall script, doneAudit + fix cycle (2-4 weeks)Ongoing effortNoneMonthly maintenanceActual complianceNoYesLegal protectionMinimalStrongUser experienceOften worseGenuinely betterCost$500-$2,000/year$800-$4,000/monthRepeat lawsuit riskHighLow

The real calculation:

Let's say you pay $1,500/year for an overlay. Over three years, that's $4,500.

Now factor in:

• One lawsuit settlement: $10,000-$20,000
• Legal fees: $3,000-$10,000
• Internal time (80+ hours at $50/hour): $4,000+
• Brand reputation damage: Incalculable

Companies using overlays frequently get sued multiple times. The "cheaper" solution often costs 10x more in the long run.

Source code remediation means:

• Your actual HTML is fixed
• Fixes persist through theme updates
• Screen readers work properly
• Keyboard navigation functions correctly
• Your compliance is verifiable and defensible

"Best Shopify accessibility app that actually works"

Let's be direct about what's available in the Shopify ecosystem:

What doesn't work (overlay apps): These are the $20-$50/month apps that promise one-click accessibility. They add JavaScript overlays. They don't fix your theme code. You're still vulnerable.

What partially works (scanning apps): Apps that scan your site and report violations. These are useful for identifying issues but don't fix anything. You still need a developer to implement changes.

What actually works (remediation services): Solutions that access your theme code directly and implement actual fixes. This requires:

• Duplicating your theme
• Making code changes
• Testing across assistive technologies
• Ongoing monitoring and updates

The Shopify-specific challenge:

Shopify themes are built on Liquid templates. Many accessibility issues are baked into the theme itself:

• Product image alt text handling
• Cart and checkout keyboard navigation
• Collection page heading structure
• Mobile menu accessibility
• Form validation announcements

Fixing these requires someone who understands both accessibility standards AND Shopify's theme architecture.

Our approach at TestParty:

We duplicate your Shopify theme, make code changes directly in the Liquid files, push via your GitHub or through theme versioning, and you review before merging. This means:

• Fixes persist through theme updates
• You maintain full control
• Changes are documented in version control
• Compliance is verifiable

"How to make Shopify store ADA compliant"

Here's the actual process, step by step:

Week 1: Audit

1. Run automated scans on your homepage, a collection page, and a product page
2. Identify WCAG 2.2 AA violations
3. Categorize by severity (Critical, Serious, Moderate, Minor)
4. Document baseline issue count

Week 2: Critical Remediation Priority fixes that address the most common lawsuit triggers:

• Missing alt text on product images
• Form labels (email signup, contact forms)
• Color contrast failures
• Keyboard navigation (especially cart and checkout)
• Heading structure

Week 3: Comprehensive Fixes Address remaining WCAG criteria:

• Focus indicators
• Skip links
• ARIA labels on interactive elements
• Error identification and suggestions
• Link purpose clarity

Week 4: Verification

• Re-scan to verify fixes
• Manual testing with screen reader
• Keyboard-only navigation test
• Create accessibility statement
• Publish documentation

Ongoing (Monthly):

• Automated daily scans
• Monthly manual testing
• Address new issues as they arise
• Update accessibility statement
• Maintain paper trail

The timeline reality:

"Full compliance" in two weeks is achievable for most Shopify stores. This means going from hundreds of violations to near-zero critical and serious issues. Some complex stores (large catalogs, custom apps, multiple themes) may take 4-6 weeks.

"How to pass WCAG audit on Shopify"

Passing a WCAG audit requires meeting specific technical criteria. Here are the most common failures on Shopify stores and how to fix them:

1. Missing or inadequate alt text (WCAG 1.1.1)

• Every product image needs descriptive alt text
• Decorative images need empty alt attributes (alt="")
• Don't use "image of" or "picture of"
• Be specific: "Blue cotton t-shirt with crew neck" not "product image"

2. Color contrast failures (WCAG 1.4.3)

• Body text needs 4.5:1 contrast ratio
• Large text needs 3:1
• This applies to your theme colors, not just text
• Check buttons, links, and form elements

3. Missing form labels (WCAG 1.3.1, 4.1.2)

• Every input field needs a programmatic label
• Placeholder text is NOT a label
• Labels must be properly associated using "for" attributes

4. Keyboard navigation issues (WCAG 2.1.1, 2.1.2)

• Every interactive element must be reachable via keyboard
• Focus must be visible
• No keyboard traps
• Logical focus order

5. Missing skip links (WCAG 2.4.1)

• Users must be able to skip repetitive navigation
• "Skip to main content" link at top of page

6. Heading hierarchy (WCAG 1.3.1)

• Only one H1 per page
• Headings in logical order (H1, H2, H3—no skipping)
• Don't use headings just for styling

7. Link purpose unclear (WCAG 2.4.4)

• No "click here" or "read more" links
• Link text should describe destination
• Product titles should be the link, not "add to cart" images

8. Missing ARIA on interactive elements (WCAG 4.1.2)

• Custom buttons need role="button"
• Expandable elements need aria-expanded
• Modal dialogs need proper ARIA

Audit tools to verify:

• axe DevTools (browser extension)
• WAVE
• Lighthouse accessibility audit
• Manual testing with NVDA or VoiceOver

This guide was written based on conversations with 50+ ecommerce brands who have navigated accessibility lawsuits, including customers who have successfully defended against repeat claims after implementing source-code remediation.