Legal Support

What Is An ADA Demand Letter?

A demand letter is a legal letter written by an attorney making an order for compliance. After stating the issue, the additional contents of the demand letter will typically detail what action is required to satisfy the complaint.

When an organization receives an ADA demand letter, it means that it has been alleged that the organization's digital content, such as its website or application is not compliant with The Americans with Disabilities Act. This means it may not adhere to WCAG web accessibility standards, and may also be in breach of various other disability laws including Section 508.

Under ADA requirements, digital accessibility states organizations must comply with Web Content Accessibility Guidelines (WCAG) 2.1.

The ADA has two web accessibility compliance levels including Title II, which applies to state and local government, along with Title III which applies to businesses that are open to the public.

Depending on the applicable title for your organization or business, the ADA title may also be stated in the demand letter, to denote what your digital content is not compliant with.

ADA Lawsuit Statistics

• An ADA lawsuit is filed every hour in the United States, with cases having almost doubled from 2018 to 2021
• ADA lawsuit filings at are an all time high
• E-commerce companies currently receive the highest number of web accessibility complaints (74%)
• ADA Title III lawsuits are at an all time high
• California has the most ADA lawsuits of any state (5,930) followed by New York (2,774)
• Experts predict the cost of ADA web accessibility lawsuits totals $6.6 billion in the US alone

What To Do If You Receive A Demand Letter?

When you receive an ADA demand letter, you must take immediate action. Ignoring an ADA demand letter may constitute admissions by silence. Furthermore, failing to investigate the issue will not make it go away.

The main takeaway is that an ADA demand letter is the first step of litigation. It means that someone holds the opinion that your website is not ADA compliant and has requested a legal inquiry. What happens next is about exploring these claims to decide on the most appropriate action for your organization.

Responding To An ADA And Taking Remedial Action

If you’ve received an ADA demand letter or formal web accessibility complaint, it’s possible the claim against you could be dismissed. This is where our legal expertise will help inform your response strategy.

We first assess whether the complaint is valid. If so, we help your counsel with a remediation roadmap and legal response strategy. We provide an independent, third-party assurance that an accessibility claim that prompted legal action has been resolved, with documentation, screenshots, and a letter of partnership validating your ongoing commitment to accessibility.

Every effort will be made to ensure your site is made fully accessible for any individual that requires accessibility functions. Undertaking accessibility remedial works also demonstrates your goodwill and real effort towards achieving such compliance.

Frequently asked questions

Have a question about ADA violations or lawsuits? We have answered some of the most common questions about the process below.

If you don’t see your query, please send us a message and our team will get back to you.