You open your mail — physical or digital — and find a letter from a law firm you've never heard of. It alleges that your website violates the Americans with Disabilities Act. It demands a settlement payment. It threatens a federal lawsuit if you don't respond within 30 days.
Your heart rate spikes. Don't panic. Thousands of businesses receive these letters every year, and how you respond in the first 48 hours determines whether this costs you $5,000 or $100,000.
What an ADA Demand Letter Looks Like
A typical ADA website accessibility demand letter contains:
- Identification of the plaintiff — usually a visually impaired individual who attempted to use your website
- Specific accessibility barriers — e.g., "images lacked alternative text," "form fields were not labeled," "the website could not be navigated by keyboard"
- Legal basis — citation of ADA Title III (42 U.S.C. §12181 et seq.) and potentially state disability laws (like California's Unruh Act)
- A demand — a settlement amount (typically $3,000–$10,000) and/or a commitment to remediate the website within a specified timeframe
- A deadline — usually 15–30 days to respond before the firm files a complaint in federal court
The letter comes from one of a small number of specialized law firms. In 2025, just 16 firms were responsible for over 90% of ADA website lawsuits (EcomBack). If you've received a demand letter, there's a strong chance it's from one of these firms.
Step 1: Don't Ignore It (This Is the Most Expensive Mistake)
The single worst response is no response. If you ignore the demand letter, the plaintiff's attorney will file a complaint in federal court. If you ignore the complaint, the court enters a default judgment against you — meaning you lose automatically.
A default judgment typically includes:
- Court-ordered website remediation with specific deadlines
- Attorney's fees awarded to the plaintiff
- Potential damages at the court's discretion
- Ongoing compliance reporting
The cost of a default judgment far exceeds the cost of any earlier resolution. Respond to the letter.
Step 2: Don't Respond Directly to the Plaintiff's Attorney
Don't email or call the law firm that sent the letter. Don't admit fault. Don't promise to fix things. Don't argue. Anything you say can be used against you if the case proceeds to litigation.
Step 3: Get a Lawyer (But Not Just Any Lawyer)
You need an attorney who handles ADA defense — specifically web accessibility cases. This is a niche area of law. Your general business attorney or IP lawyer may not know the landscape.
What to look for: An attorney who has settled ADA website accessibility cases before, understands WCAG standards, and can evaluate whether the claims have merit.
What they'll cost: Initial consultation and demand letter response typically runs $1,000–$3,000. If the case goes to litigation, costs escalate to $25,000+ (Source: Accessible.org).
Step 4: Evaluate the Claims
Not every demand letter describes real accessibility problems — but most do. 94.8% of the top million websites have detectable WCAG failures.
Your attorney should:
- Audit your website to determine if the claimed barriers actually exist
- Assess the plaintiff — is this a known serial filer? (In 2025, just 31 individuals filed over 50% of all lawsuits)
- Evaluate the jurisdiction — is the case likely to be filed in a plaintiff-friendly or defense-friendly court?
- Calculate the economics — what does settling now cost vs. what does litigation cost?
Step 5: Understand Your Options
Option A: Settle at the Demand Letter Stage
Cost: $3,000–$10,000 in settlement + $1,000–$3,000 in attorney fees
Timeline: 2–4 weeks
Outcome: No public court record. Case closed.
This is the cheapest option. Most demand letters settle in this range, especially for small businesses. The settlement typically includes a confidentiality clause and a commitment to remediate.
When to choose this: The accessibility issues exist, your budget is limited, and you want this resolved fast.
Option B: Negotiate a Reduced Settlement
Cost: $5,000–$15,000 in settlement + $2,000–$5,000 in attorney fees
Timeline: 1–3 months
Outcome: No public court record if resolved before filing.
Your attorney pushes back on the demanded amount, negotiates lower payment, and may secure more favorable remediation timelines. This works when the plaintiff's attorney knows the barriers exist but the business can demonstrate good faith (e.g., you've already begun remediation).
Option C: Wait for the Lawsuit, Then Settle
Cost: $10,000–$25,000 settlement + $5,000–$20,000 in attorney fees + remediation costs
Timeline: 2–5 months
Outcome: Public court record. Consent decree.
If the demand letter expires and a complaint is filed, costs increase. Our CourtListener analysis shows most S.D.N.Y. cases settle within 2–5 months, typically via consent decree. The consent decree becomes public record and includes specific remediation requirements.
Option D: Fight on the Merits
Cost: $50,000–$100,000+ in attorney fees
Timeline: 6–18 months
Outcome: Uncertain. Defense win rate is low.
Litigation is expensive and usually unsuccessful for defendants. ADA Title III requires only that barriers exist — not that the defendant intended to discriminate. If your website has WCAG violations, the plaintiff's case is straightforward.
The scenarios where fighting makes sense:
- The plaintiff lacks Article III standing (increasingly scrutinized in New York federal courts)
- The plaintiff never actually visited your website
- Your website is genuinely accessible and the claims are fabricated
Step 6: Start Remediation Immediately
Regardless of which settlement path you choose, begin fixing your website now. This serves multiple purposes:
- Demonstrates good faith — judges and plaintiff attorneys view active remediation favorably in settlement negotiations
- Reduces scope of claims — barriers that no longer exist when the case is reviewed weaken the plaintiff's position
- Prevents the next lawsuit — 45% of 2025 cases targeted previously-sued companies (UsableNet). If you settle without remediating, a different plaintiff will sue you for the same issues.
Priority remediation steps:
- Run an automated scan — start with Woffy's free scanner, WAVE, or axe DevTools — and fix all flagged issues
- Add alt text to every image
- Label every form field
- Fix keyboard navigation and focus indicators
- Test checkout/contact flows with a screen reader
For WordPress and Shopify sites, Woffy can handle most of these fixes automatically by editing your actual source code. This is one of the fastest, most affordable ways to demonstrate remediation progress to a plaintiff's attorney — and it produces real, non-overlay ADA compliance that holds up in court.
Step 7: Protect Yourself Going Forward
After resolving the immediate demand:
- Publish an accessibility statement — a public page describing your accessibility commitment, the standard you're working toward (WCAG 2.1 AA), and a way for users to report barriers
- Establish a monitoring process — accessibility degrades with every code change, content update, or new feature. Regular scanning catches regressions before they become lawsuits
- Train your team — content creators, developers, and designers need to understand basic accessibility principles
- Document everything — keep records of audits, remediation work, and accessibility testing. This evidence is valuable if you're targeted again
What NOT to Do
Don't install an accessibility overlay. In 2024, 722 lawsuits were filed against websites with accessibility widgets installed (EcomBack). In January 2025, the FTC fined accessiBe $1 million for falsely claiming its overlay could make websites WCAG-compliant. Overlays don't prevent lawsuits and may increase your risk.
Don't remove your website. One municipality (Bradenton, FL) took its entire site offline after a lawsuit. This is counterproductive — you lose customers/residents and still owe remediation.
Don't blame the platform. "Shopify/WordPress/Squarespace isn't accessible" is not a defense. You chose the platform, the theme, and the plugins. You're responsible for the end result.
Don't wait for the deadline. If a demand letter gives you 30 days, don't wait until day 29. Early, proactive response signals good faith and typically leads to better settlement terms.
The Timeline That Saves the Most Money
| Timeframe | Action | Cost |
|---|---|---|
| Day 1 | Receive demand letter. Contact ADA defense attorney. | — |
| Day 1–3 | Attorney reviews letter, evaluates claims | $500–$1,500 |
| Day 3–7 | Run accessibility audit on your website | $500–$2,000 |
| Day 7–14 | Begin critical remediation (alt text, form labels, contrast) | $2,000–$10,000 |
| Day 14–21 | Attorney responds to plaintiff's firm with remediation evidence and settlement offer | $500–$1,500 |
| Day 21–30 | Negotiate and execute settlement | $3,000–$10,000 |
| Day 30+ | Complete full remediation, establish monitoring | $3,000–$15,000 |
| Total | $9,500–$40,000 |
Compare to ignoring it: $50,000–$150,000+.
Frequently Asked Questions
What should I do first when I receive an ADA demand letter?
Do not ignore it and do not respond directly to the plaintiff's attorney. Contact an attorney who specializes in ADA website accessibility defense within 48 hours. They will evaluate the claims and advise on your best course of action.
How much does it cost to settle an ADA demand letter?
Settling at the demand letter stage typically costs $3,000 to $10,000 in settlement plus $1,000 to $3,000 in attorney fees. This is the cheapest resolution option. If a lawsuit is filed, costs increase to $10,000 to $25,000 or more.
Will settling an ADA lawsuit prevent future lawsuits?
Settling alone will not prevent future lawsuits. In 2025, 45% of federal ADA cases targeted companies that had already been sued. You must actually remediate your website's accessibility issues to prevent repeat litigation.
Sources: Accessible.org, 216digital, EcomBack 2025 Report, UsableNet 2025 Report, ADA Title III Blog, WebAIM Million 2025, CourtListener RECAP Archive