Law
42 U.S.C. 12182
Checked
2026-11-05
/ ADA demand letter

You received an ADA demand letter about your website

A demand letter is not a lawsuit, but it often comes before one and it usually carries a deadline. What you do in the first days decides how much you will have to show later.

/ The laws

What each statute says

Americans with Disabilities Act, Title III

42 U.S.C. 12182

Who it binds
Anyone who owns, leases or operates a place of public accommodation.
What it requires
Full and equal enjoyment of goods, services, facilities, privileges, advantages or accommodations; auxiliary aids and services so that no individual with a disability is excluded or denied services, unless that would fundamentally alter the offering or impose an undue burden.
Enforcement
Private suits under 42 U.S.C. 12188(a); suits by the Attorney General under 12188(b).

Title III enforcement

42 U.S.C. 12188(a)(1), incorporating 42 U.S.C. 2000a-3(a)

Who it binds
Any person subjected to disability discrimination under Title III.
What it requires
No technical standard; sets the remedy.
Enforcement
A civil action for preventive relief, including a permanent or temporary injunction or restraining order. Injunctive relief can include requiring an auxiliary aid or service or a change of policy. Money damages for aggrieved persons and civil penalties (up to $50,000 for a first violation and $100,000 for a later one, as written in the statute) appear only in suits brought by the Attorney General.

Attorney's fees

42 U.S.C. 12205

Who it binds
Any action or administrative proceeding under the ADA.
What it requires
No technical standard.
Enforcement
The court or agency, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee, including litigation expenses, and costs.

Unruh Civil Rights Act (California)

Cal. Civ. Code 51(f), 52(a)

Who it binds
All business establishments in California.
What it requires
A violation of the federal ADA is also a violation of the Unruh Act.
Enforcement
Actual damages and up to three times actual damages, but no less than $4,000 for each offense, plus attorney's fees.

A letter is not a complaint

A demand letter is a letter, usually from a lawyer acting for a person with a disability, saying that your website has barriers that break the ADA or a state law. It typically lists pages or problems, asks you to fix them, and often asks for a payment to settle the claim, with a date for your answer. It has not been filed anywhere, and no court has looked at it.

A complaint is different. It is filed in court and served on you, and from that point the court's rules set the time you have to respond. If what you received has a case number and a court's name on it, you have been sued, and a lawyer needs to see it the same day.

Either way, do not treat a letter as a bluff. Some are sent in bulk, some are serious, and the difference is not always visible from the letter. A lawyer can tell you which one you have.

What the law actually allows

Title III of the ADA forbids discrimination on the basis of disability by anyone who owns, leases or operates a place of public accommodation. Under 42 U.S.C. 12188(a)(1), a private person gets the remedies of 42 U.S.C. 2000a-3(a): a civil action for preventive relief, meaning an injunction or a restraining order. Money damages for aggrieved persons and civil penalties are written into the section on suits brought by the Attorney General, not the private one. On top of that, 42 U.S.C. 12205 lets the court award the prevailing party a reasonable attorney's fee, litigation expenses and costs.

State law can add money. In California, the Unruh Civil Rights Act makes any ADA violation a violation of state law, and Civil Code 52(a) sets damages of at least $4,000 for each offense, plus attorney's fees. California's Civil Rights Department says courts have applied the Act to websites of businesses with physical locations, and have found that online-only businesses are not places of public accommodation under it. New York's state and city human rights laws also cover public accommodations, and the New York City Commission on Human Rights says business websites should work with screen-reading technology. Other states may add remedies of their own; your lawyer will know which apply.

There is no federal web rule for businesses

The Department of Justice has no regulation setting a technical web standard for businesses. It published an advance notice of proposed rulemaking on the subject in 2010 and withdrew it on 26 December 2017 (82 FR 60932). Its guidance of 18 March 2022 says the Department has consistently taken the position that the ADA applies to goods and services offered on the web, that businesses have flexibility in how they comply, and that WCAG and the Section 508 Standards provide helpful guidance. The guidance itself has no legally binding effect.

Two points from that guidance matter for a response. It lists the barriers it expects fixed: poor color contrast, information given by color alone, missing text alternatives on images, videos without captions, inaccessible forms and mouse-only navigation. And it warns that automated checkers and overlays need to be used carefully, that a clean report does not necessarily mean everything is accessible, and that pairing a manual check with automated tools gives a better picture. A widget bolted onto the site is not a defense on its own.

The first days

Put the letter's date and every deadline in it on the calendar, and send the letter to a lawyer who handles ADA matters, ideally one admitted in the state named. Insurance may matter too: some business policies respond to these claims and expect early notice, so read yours or ask your broker.

Then preserve. Keep the letter, the envelope and any emails. Save the pages named in the letter as they are today, with dates, before anyone edits them. Keep your site's version history, deployment logs and analytics. Ask your web agency and any platform vendor to do the same. Records made now are the only proof later of what the site looked like and when it changed.

Do not reply to the sender yourself, and do not tell them, in writing or on the phone, that the site is inaccessible or that you know it breaks the law. Let your lawyer decide what is said and when.

Measure, fix, and keep the dates

Measure the pages the letter names first, then the paths every customer takes: home, search, product or service pages, cart, checkout, booking, contact and login. Use an automated check and a manual pass with keyboard and screen reader, against WCAG 2.1 or 2.2 Level AA, and keep the dated results. A measurement tells your lawyer what is true before they answer, which is worth more than any argument.

Fix the barriers that stop someone completing a task, and log each fix with its date and the commit or change that made it. Publish an accessibility statement that names the standard you work to, says what is still being fixed, and gives a contact that reaches a person. A dated plan for what remains is better than a promise that everything is done.

None of this guarantees an outcome. A fixed site can still be sued over its past state, and a settlement depends on facts and on the other side. What the work does is give your lawyer evidence instead of silence.

Our 72-hour response package

OAKMONT sells a demand letter response delivered within 72 hours. It covers measurement of every page named in the letter plus the site's main paths, a dated remediation plan your counsel can quote, a published accessibility statement, and a signed attestation of every measurement. It does not claim your site is compliant, and it does not answer the allegation; that stays with your lawyer. The current price is shown on this page.

/ Step by step

How to respond to an ADA website demand letter

  1. 01

    Do not ignore it

    Read the letter the day it arrives and check whether it is a letter or a filed court complaint. A complaint has a court name and a case number.

  2. 02

    Note every deadline

    Put the date of the letter and each response date it gives on the calendar. If it is a court complaint, the court's rules set the deadline and your lawyer must see it at once.

  3. 03

    Bring in a lawyer

    Send the letter to a lawyer who handles ADA and state accessibility claims, and check whether your business insurance expects notice of the claim.

  4. 04

    Preserve records

    Keep the letter and any messages. Save dated copies of the pages named, version history, deployment logs and analytics, and ask your agency and vendors to keep theirs.

  5. 05

    Measure the pages named

    Test those pages and the main customer paths against WCAG 2.1 or 2.2 Level AA with automated and manual checks, and keep dated results.

  6. 06

    Fix and record dates

    Fix the barriers that block a task first. Log each fix with its date and the change that made it.

  7. 07

    Publish an accessibility statement

    State the standard you work to, what is still being fixed and by when, and a contact that reaches a person.

  8. 08

    Let counsel answer

    Do not reply to the sender yourself or admit anything. Give your lawyer the measurements, the fix log and the plan, and let them decide the response.

/ Questions

Questions people ask

Can I just ignore an ADA demand letter?
Ignoring it gives up the chance to answer before a lawsuit and leaves you with no record of what you did once you knew. Send it to a lawyer and preserve your records.
Can a private plaintiff get money from me under the ADA?
Under federal Title III, a private plaintiff gets preventive relief such as an injunction, and the court may award a prevailing party reasonable attorney's fees. State laws can add damages; California's Unruh Act sets at least $4,000 per offense. Ask a lawyer which laws apply to you.
Does fixing the site make the claim go away?
Not by itself, and no one can promise an outcome. Dated measurements and a fix log give your lawyer evidence to work with.
Will an accessibility overlay protect me?
The Department of Justice says automated checkers and overlays need to be used carefully and that a clean report does not necessarily mean a site is accessible. Pair any tool with a manual check and real fixes.
Is there a federal standard my website has to meet?
There is no Title III web regulation for businesses. The Department of Justice points to WCAG and the Section 508 Standards as helpful guidance, and most audits use WCAG 2.1 or 2.2 Level AA.
/ Sources

Where each statement comes from

Checked against the sources on .

This page explains the rules in general terms. It is not legal advice, and it does not tell you whether a rule applies to your organisation. For that, ask a lawyer who practises in the jurisdiction.