What should you do when an ADA demand letter arrives?

An ADA demand letter feels like an emergency, and quick reactions make it worse. The first 72 hours: what to do, what not to do, and who to call.

Do not panic-delete

The worst first reaction is frantic: deleting pages, ripping out features, or shutting down the store. None of that helps legally, and it can look like consciousness of guilt while breaking things your customers use. The letter is the start of a process, not a verdict. Treat the first 72 hours as triage, not demolition.

Also do not ignore it. Demand letters have deadlines, usually 21 to 30 days, and silence gets interpreted as indifference. The firms sending these letters work on volume: they want a quick settlement, not a lawsuit. A prompt, professional response through counsel costs less than either panic or paralysis.

Preserve and document

As soon as the letter arrives, preserve your site as it exists. Take dated screenshots of the pages the letter names, export your theme version, and note any recent changes. If the complaint cites specific barriers, document their current state before anyone touches them. Evidence of what you fix, and when, becomes valuable later.

Log everything from this point forward: who you spoke to, what you changed, and when. If the matter proceeds, a clean remediation timeline is one of the strongest assets you can have. It turns the narrative from neglect to diligence.

Get the right counsel

Not every business lawyer handles ADA website matters. You want counsel experienced specifically with digital accessibility demand letters, ideally one who has dealt with the firm that sent yours. These letters come from a small set of repeat players, and experienced counsel knows their patterns, their typical settlement ranges, and which claims they actually litigate.

Ask about fee structure upfront. Many firms handle these on flat fees because the process is routine. The legal cost of a demand letter response is usually a fraction of what panicked over-remediation costs, and far less than a default.

Start remediation in parallel

While counsel handles the letter, start fixing the site. An accessibility audit against WCAG 2.1 AA gives you the punch list. Prioritize the barriers the letter names, then the sitewide patterns: keyboard navigation, form labels, alt text, color contrast, and focus visibility. Document every fix with before and after evidence.

Remediation in progress strengthens your negotiating position considerably. A store that can show a completed audit and a fix timeline settles from strength. A store that did nothing after receiving the letter does not.

The settlement question

Most demand letters end in settlement, and the number is negotiable. What you are really buying is a release and a timeline to remediate. Experienced counsel will tell you whether the asking figure is in line or inflated. Whatever you agree to, make sure the settlement includes enough time to fix the site properly: rushed remediation produces new problems.

After settlement, keep the program running. One audit and a round of fixes is not a compliance strategy. The stores that get repeat letters are the ones that fixed everything once and then let the site drift. Ongoing monitoring is cheaper than a second letter.

What not to say in your response

Your response, through counsel, should be professional and brief. Do not admit the site was non-compliant, do not promise specific fixes by specific dates before the audit is done, and do not argue the merits of the claims yourself. Anything you write can be used to frame the negotiation, so let counsel control the words.

Also keep the response off public channels. Do not discuss the letter on social media, in reviews responses, or with customers. Quiet, professional, and through counsel is the posture that resolves these matters fastest and cheapest.