Got an ADA website demand letter? Calm first steps for small businesses

A letter arrives saying your website breaks the Americans with Disabilities Act because a blind customer couldn't use it, and asking for money or a settlement by a set date. It's stressful, and it's easy to either panic or bin it. Neither helps. Here is a calm, practical order of things to do. It isn't legal advice: the most important step is the second one.

1. Don't ignore it, and note the deadline

Write down the date you received it, who sent it, and any response date. If what you received is a court summons or complaint rather than a letter, the deadline to respond is set by the court, so treat it as urgent and get it to an attorney straight away. Don't reply to the sender, post about it, or argue with them on social media before you've had advice. Anything you write can be used later.

2. Talk to a US-licensed attorney

Whether a letter is a serious claim, how strong it is, and whether and how to respond are legal questions that depend on your state and the facts. A lawyer who handles ADA or disability-access cases can tell you quickly. It's also worth checking whether your business insurance covers this kind of claim and how quickly the policy says you must report it. Ask the attorney before you pay anything or sign anything.

3. Understand the basic law (briefly)

Title III of the ADA covers businesses open to the public, and the Department of Justice says its requirements apply to the goods and services those businesses offer online, including on websites (ADA.gov web guidance). The DOJ has not issued a detailed technical rule for business websites; it points to existing standards such as the Web Content Accessibility Guidelines (WCAG) and the Section 508 Standards as helpful guidance, and says businesses have flexibility in how they comply.

Under the federal statute, a private person can sue for an order to fix the problem (injunctive relief), and the court can award the winning side reasonable attorney's fees (42 U.S.C. § 12188; § 2000a-3; § 12205). The Attorney General can bring its own cases, where a court can also award damages to people harmed and civil penalties. State laws can add their own claims and remedies, which is another reason to get advice from someone who knows your state.

4. Preserve your records

Don't quietly delete pages or rebuild the site overnight without telling your attorney. Instead, keep a record of how the site looked when the letter arrived: dated screenshots or PDF saves of the pages named, your platform and theme versions, a list of apps and plug-ins, and any emails from customers about access problems. Keep copies of invoices and messages from whoever built the site. Your attorney may want this, and it shows what changed and when.

5. Check the specific barriers the letter alleges

Good letters name actual problems, such as images without alt text, a checkout button a screen reader can't reach, or forms without labels. Check each one yourself or with your web developer. Try using the named pages with only a keyboard (Tab, Shift+Tab, Enter). Check that images have sensible text alternatives and that form fields have labels. These are among the barriers DOJ lists, alongside poor color contrast, using color alone to give information, missing video captions and mouse-only navigation (ADA.gov).

Automated checkers help, but they don't decide the question. W3C says evaluation tools can't check every aspect automatically, that human judgement is needed, and that tools cannot determine accessibility, only assist (W3C). DOJ makes the same point: a clean report doesn't necessarily mean everything is accessible, and pairing automated checks with a manual check gives a better picture (ADA.gov).

6. Fix real problems, properly

Whatever happens with the letter, real barriers are worth fixing: they stop customers buying from you. Prioritize the paths that matter most, which are usually navigation, search, product pages, the cart, checkout, booking and contact forms. Fix them in the site's code, theme or content, not by layering something on top. Add a way for people to report access problems, as DOJ suggests, and answer those reports. Keep a dated log of what you fixed. Your attorney can tell you how, or whether, to present that work in your response.

7. Overlays are not a fix

You'll probably be offered a one-line plug-in or widget that promises instant compliance. Be careful. In April 2025 the FTC approved a final order requiring accessiBe to pay $1 million; the FTC had alleged its claim that its widget could make any website WCAG-compliant was false, misleading or unsubstantiated, and the order bars such claims without evidence (FTC). A widget doesn't change the underlying code that a screen-reader user meets.

What a website check can and can't do here

A technical check can give you and your attorney an independent, dated list of likely barriers on your site, and a fix list. It can't tell you whether the letter is valid, what to pay, or how to respond. It isn't a full WCAG conformance audit, and it can't prevent a letter, complaint or lawsuit. If you already have an attorney, ask whether a report like this would be useful before you order one.

If you'd like to understand the wider rules first, read our guide to ADA website accessibility for small businesses.

FAQ

Is every ADA demand letter a scam?

No. Some are serious claims, some are weak, and some may not be genuine. You can't tell safely on your own, which is why a US-licensed attorney should look at it before you respond or pay.

Should I just pay to make it go away?

That's a decision to make with an attorney. Paying doesn't fix the barriers on your site, and it doesn't stop someone else raising the same problems.

Is there an official technical standard for business websites?

DOJ hasn't issued a detailed technical regulation for business websites. It points to existing standards such as WCAG and the Section 508 Standards as helpful guidance (ADA.gov).

Will installing an accessibility widget protect me?

Don't rely on it. In 2025 the FTC finalized an order against an overlay company over claims that its widget could make any site WCAG-compliant (FTC). Fix the site itself.

Can your check prove my site is compliant?

No. It's an automated scan reviewed by a person. Automated tools can't test everything, so it is not a full WCAG audit, and no check can guarantee you won't receive a letter or lawsuit.

Official sources

• ADA.gov: Guidance on Web Accessibility and the ADA
• 42 U.S.C. § 12188: Enforcement (via Cornell LII)
• 42 U.S.C. § 2000a-3: Civil actions for injunctive relief
• 42 U.S.C. § 12205: Attorney’s fees
• W3C: Selecting Web Accessibility Evaluation Tools
• FTC: Final order requiring accessiBe to pay $1 million (April 2025)

Laws and guidance change. Check the sources above for the latest position. General information, not legal advice. For advice on your own situation, talk to a US-licensed attorney.