ADA Website Demand Letter: What It Contains and What To Do
An ADA website demand letter is a formal written notice sent to an organization alleging that its website violates the Americans with Disabilities Act. The letter typically comes from a law firm representing an individual with a disability who encountered accessibility issues while using the site. Most demand letters follow a recognizable structure and contain a specific set of claims.
| Key Point | What It Means |
|---|---|
| Who Sends It | A plaintiff’s attorney representing a person with a disability who could not access the website |
| What It Alleges | That the website has accessibility issues preventing equal access under ADA Title III |
| What It Requests | Remediation of the website, a monetary settlement, or both |
| Timeline | Most letters include a response deadline, often 10 to 30 days |
How an ADA Website Demand Letter Is Structured
The letter opens by identifying the plaintiff and their disability. It states that the plaintiff attempted to use the recipient’s website and was unable to do so because of accessibility issues. The disability referenced is most often a visual impairment, with the plaintiff relying on a screen reader.
The body of the letter lists specific accessibility issues the plaintiff encountered. These often reference Web Content Accessibility Guidelines (WCAG) 2.1 AA conformance criteria. Common examples include missing alternative text on images, form fields without labels, and interactive elements that do not respond to keyboard input.
The letter then cites ADA Title III, which prohibits discrimination on the basis of disability in places of public accommodation. The attorney argues that the website qualifies as a place of public accommodation or is closely connected to one.
What the Letter Demands
Most ADA website demand letters request two things. First, they request that the organization remediate its website to conform with WCAG 2.1 AA. Second, they request a monetary payment to settle the claim without filing a lawsuit.
Settlement demands vary. Some letters propose a specific dollar amount. Others request a meeting to negotiate terms. The letter almost always states that if the organization does not respond within the deadline, the plaintiff will file a formal complaint in federal or state court.
What Organizations Typically Do After Receiving One
The first step most organizations take is consulting an attorney experienced in ADA litigation. Responding without legal counsel can create risk.
Many organizations simultaneously begin an accessibility evaluation of their website. An audit conducted against WCAG 2.1 AA identifies the specific issues present on the site. This information helps the organization understand the scope of work required and strengthens its position in any negotiation by demonstrating a good-faith effort toward remediation.
Automated scans are sometimes used as an initial step, but scans only flag approximately 25% of accessibility issues. A thorough manual audit by an accessibility professional provides a complete picture of where the site stands relative to WCAG conformance.
Reducing the Risk of Receiving a Demand Letter
Organizations that proactively evaluate and remediate their websites are less likely to receive a demand letter. An accessibility audit, a documented remediation plan, and ongoing monitoring through scheduled scans all signal that an organization takes ADA Title III obligations seriously. A published accessibility statement adds another layer of documented commitment.
The demand letter itself is not a lawsuit. It is a precursor to one, and how an organization responds often determines whether litigation follows.