So, You Got an ADA Demand Letter, Now What?

For many organizations, an ADA Demand Letter claiming your digital space excludes individuals with disabilities is an unexpected threat. It’s also an opportunity to step up and make a lasting change before things escalate.

Swift and strategic action is your best defense if you’ve received this letter. You reduce immediate legal risks and protect your business from future lawsuits by tackling the issue directly.

The ADA and Digital Accessibility

The Americans with Disabilities Act (ADA) was enacted in 1990 to protect people with disabilities from discrimination based on disability. At this time, the web was in its infancy, and the ADA’s focus was mainly on physical spaces, not digital environments.

Yet, since the introduction of the ADA, the importance of websites, mobile apps, and other digital resources in providing information, services, and programs has grown exponentially.

Despite this, clarification of the ADA’s applicability to the digital world has been slow to appear. As a result, many businesses have not prioritized ensuring their websites and digital content are optimally accessible for people with disabilities.

The Department of Justice (DOJ) has consistently stated that the ADA’s nondiscrimination requirements extend to digital services and programs. In 2024, the DOJ published a Final Rule that codified the accessibility of web content and mobile apps, addressing organizations covered under Title II of the ADA.

However, Title II of the ADA covers state and local government programs and services. In contrast, Title III covers businesses and nonprofits serving the public. Title III does not yet have specific regulations for digital accessibility. (Learn more about ADA Title II in our recent webinar.)

Different courts interpret the ADA’s applicability to the digital world in varying ways, causing confusion about the requirements for compliance. Where legal settlements have required remediation of accessibility barriers, they typically refer to conformance with the Web Content Accessibility Guidelines (WCAG).

WCAG sets a baseline standard for digital accessibility recognized worldwide and offers supporting materials that explain how to create more inclusive web content for people with disabilities.

Many businesses with an online presence are still unaware of WCAG or have not ensured that their websites and mobile apps meet the requirements of WCAG. Over recent years, many companies have been subject to legal complaints alleging noncompliance with the ADA by failing to provide people with disabilities with equal access to their digital content.

Complaint letters may articulate first-hand experiences of people with disabilities who have attempted to use your website but encountered accessibility barriers. Some letters may also cite the results of automated or manual accessibility testing, alleging nonconformance with accessibility standards.

A small number of plaintiffs file a large number of ADA complaint letters against organizations, known as “serial plaintiffs.” Regardless of the nature of the letter, and your view of the claims it makes, it’s important to take the allegations seriously.

Designing your website to conform to WCAG reduces the risk that people with disabilities cannot access information and complete tasks. More significantly, designing with accessibility in mind helps you provide a more usable website, enabling your business to reach more people and supporting more successful transactions.

So, let’s dive into the steps you must take to address a demand letter effectively and achieve conformance.

ADA Compliance Checklist: Steps to Take After Receiving a Demand Letter

If your organization receives a demand letter, follow these steps. This will help you respond accordingly and lower your legal risk.

1. Strategize with Legal Counsel

The most important step to take is the first step — to consult with legal counsel through the process of ADA litigation. Your attorney will help you determine the appropriate response time and strategy for the demand letter. They will help present evidence, create a defense, or negotiate a settlement to avoid more legal action. They will advise on an appropriate communication strategy while the legal issue remains unresolved.

They may check things like the reputation of the law firm representing the plaintiff, as some firms are more reputable than others. They’ll likely evaluate the plaintiff’s standing to file a lawsuit, which is essential for supporting a legitimate claim. They will ask questions like:

• Does the claim reference concrete accessibility issues that can be associated with nonconformance with standards such as WCAG?
• Are the claims of impact on affected users relevant to the function and purpose of your website?

This will help legal counsel understand the likelihood that the letter identifies genuine instances where your website or app does not comply with ADA requirements.

2. Verify the Accessibility Issues

The next step is to verify whether the alleged accessibility issues identified in the letter are legitimate. This requires human expertise to assess each issue to understand if it exists as described and if its impact on users is likely to be as alleged in the letter.

Manual testing against accessibility standards combined with usability testing with affected users will help to confirm the veracity of any issue alleged in the letter. If any alleged issue is verified, you could be in violation of ADA requirements.

3. Remediate Any Issues Identified

If the verification process confirms any issues identified in the letter, take immediate steps to remediate the problem and ensure that it has been fixed.

If an issue can’t immediately be remediated, for example, due to technical complexity or because it exists in content provided by a third party, identify ways that affected users can be accommodated through other means and document this accommodation approach.

Document why the issue can’t immediately be fixed and have a long-term plan for resolving the impact of the issue.

4. Communicate Your Commitment to Accessibility

Transparency is key. Working with your legal counsel to publish an accessibility statement on your website demonstrates your commitment to digital inclusion. This statement should highlight your ongoing efforts to improve accessibility and provide contact information for people to report any accessibility issues they encounter.

Showing your intent to create an accessible environment can help build goodwill, even amid legal scrutiny.

5. Adopt a Digital Accessibility Strategy

Establishing a comprehensive digital accessibility strategy supports your organization’s effort to maintain the accessibility of your digital resources over time, reducing the risk of future legal complaints. This strategy should include establishing an internal digital accessibility policy and supporting accessibility standards for digital resources meeting (and stating) technical requirements.

It should focus on building a long-term plan that integrates accessibility into every process and practice relating to building and maintaining digital assets, including providing training and tools to help people responsible for digital content creation and maintenance.

Start by setting clear goals for improving accessibility across your current website, apps, and other digital channels. This includes outlining priorities for fixing current issues, creating a roadmap for future enhancements, and regularly monitoring progress.

Avoid Demand Letters with Continuous Accessibility Management

Accessibility is not a one-time task but an ongoing commitment that reduces barriers for people with disabilities and enhances the overall usability of your digital products. Maintaining a proactive approach helps ensure that your digital experiences remain inclusive and compliant over time.

Receiving an ADA demand letter can be stressful, but it also allows you to improve your accessibility efforts. By responding promptly and strategically, you can minimize legal risks while enhancing the user experience for all.

How TPGi as a Service (TaaS) Can Help

Whether you’ve already received a demand letter or want to prevent one, act now to protect your organization with the support of TPGi as a Service (TaaS).

TaaS integrates expert guidance, strategic planning, and advanced tools to help organizations like yours achieve and maintain accessibility conformance and reduce legal risk. Our dedicated support team and training resources are available whenever you need help solving your most challenging accessibility findings. Best of all, the work conducted with TaaS is guaranteed!

Contact us to learn how TaaS can support your accessibility efforts.