Imagine you’ve created your dream business. You’re starting to gain traction and planning for the next stage of growth. You’ve invested in a gorgeous website. You even hired developers to create the best experience for your customers.
Then one day, you get a letter from a lawyer telling you that your website violates the Americans with Disabilities Act (ADA).
The letter says someone with a disability tried to use your website and couldn’t. Maybe they couldn’t navigate your product pages with a screen reader. Maybe they couldn’t use the shopping cart without a mouse. Maybe some of the buttons on your site don’t have proper labels.
And now they’re demanding $25,000 and a sweeping commitment to make your website accessible within six months.
You call your developer. You ask what happened. You start fixing things.
Surely, if you fix the problems, it will all go away.
Except, that’s not how this works.
Some law firms have built a lucrative business around exploiting the economics of ADA litigation. They know that the threat and cost of defending a lawsuit can generate settlements, regardless of whether the business is genuinely trying to improve accessibility. And regardless of whether the business can afford it.
You know me. I don’t fear-monger, and I don’t see the point in catastrophizing. But for many small and medium-sized businesses, an ADA website accessibility dispute can feel like an existential crisis.
One important thing to know. If you do receive an ADA accessibility letter, do not immediately start making changes to your website. You could inadvertently destroy evidence that may be important to your defense. Before making any changes, talk to a lawyer about preserving evidence of how your website looked and functioned when you received the letter.
First, Let’s Talk About Accessibility
People with disabilities should be able to use your website. Full stop.
If someone who is visually impaired can’t purchase a product because your checkout doesn’t work with a screen reader, that’s a problem. If someone who can’t use a mouse can’t navigate your website using a keyboard, that’s a problem too.
And you should want to fix those problems. Not just because the law may require you to, but because people with disabilities are your customers too.
Most business owners don’t deliberately exclude people with disabilities. Most simply have no idea their websites have accessibility problems.
They hire developers. They use reputable e-commerce platforms. They purchase software that promises to make their websites accessible.
They assume it’s handled.
And then they get a demand letter.
What Do These Claims Look Like?
Typically, a lawyer sends a letter on behalf of someone with a disability who the lawyer says couldn’t use your website because it doesn’t do what the law requires.
The letter may point to problems with images, menus, shopping carts, or other features on your site that don’t work properly with assistive technology.
The lawyer then demands money, usually described as attorneys’ fees and costs, along with a commitment to make the website accessible within a certain amount of time.
Sometimes they provide a report identifying the specific problems.
Other times, they want you to promise to fix problems they haven’t even told you about—and that may not even be ADA violations—on a timeline that may not be realistic.
Why Small to Mid-sized Businesses Are Particularly Vulnerable
Some law firms file ADA website accessibility lawsuits in volume, targeting online retailers, consumer brands, restaurants, and other businesses with customer-facing websites. They don’t care if you’re a small business just barely scraping by or a rich one. Some plaintiffs and their attorneys have filed dozens, sometimes hundreds, of nearly identical lawsuits.
New York, Florida, California, and Illinois are currently the major hotspots for website accessibility litigation. But businesses shouldn’t assume they’re safe because they’re not located in these states. An online business can be sued in a state where it has no physical presence (e.g., no HQ, no employees, etc.), so long as the business has enough contacts with the state. Sales to customers in another state may be enough, depending on the circumstances.
The high volume of ADA website accessibility lawsuits changes the economics of these types of disputes. Significantly.
For these law firms, filing another lawsuit is straightforward. They already have template complaints, know the legal arguments, and have done this dozens and maybe hundreds of times before. Swap the defendant’s name, add the specific facts about the alleged accessibility problems, and file.
It’s essentially plug and play.
But for the business owner receiving the claim, it’s the opposite of straightforward.
You may be dealing with your first lawsuit. You have to find a lawyer, understand what the problem is and what needs to be fixed, and somehow pay for all of it.
Meanwhile, you’re also trying to run your business.
And that sucks.
Especially when you’re genuinely trying to do the right thing.
The Part That Really Frustrates Business Owners
Let’s say you receive a demand letter identifying three accessibility problems.
You immediately contact your developer. Your developer fixes all three.
Problem solved, right?
Not necessarily.
Under Title III of the ADA, plaintiffs can ask a court for an order requiring a business to make its website accessible. Title III also allows plaintiffs to recover reasonable attorneys’ fees and costs. Generally, plaintiffs can’t recover compensatory damages under Title III, although some state laws provide additional remedies.
So even if you’ve corrected the problems, the plaintiff’s attorney will almost certainly argue that their client has already incurred attorney’s fees and costs. And they’ll demand that you pay them.
Where things can get even more frustrating is when the plaintiff’s lawyer tells you that the problems they identified in the demand letter were just “examples.” There are other problems. But they won’t tell you what those other problems are until after you sign a contract agreeing to fix them.
And if you don’t agree to settle?
They may file a lawsuit.
As I pointed out above, lawyers who regularly bring these cases usually have very little additional work to do to file a lawsuit against you. And once it’s filed, they will point to the “additional litigation costs” to justify demanding even more money.
So now you have a federal lawsuit to defend, your legal fees and potential settlement costs have gone up, and you’re spending money you’d probably much rather spend improving your website.
Of course you feel pressured to settle these claims before a lawsuit is filed.
Even when you’ve already fixed the problems.
Even when you really can’t afford the settlement.
The Problem With Promising to Make Your Website WCAG Compliant
Money is only part of the problem.
Many settlement demands also require the business to bring its website into compliance with the Web Content Accessibility Guidelines (WCAG) within a specific amount of time. You may see a demand for WCAG 2.1 or 2.2 Level AA compliance within three to six months.
Sounds reasonable enough.
Until you ask your developer what that means.
Your website may have hundreds of pages, third-party software, interactive menus, product galleries, subscription features, and checkout functionality.
And every time you add products or update software, you may be creating new accessibility issues.
Before you promise to make your entire website compliant within six months, you need to understand what that promise involves.
Can your developer even do what they’re asking? How much will it cost? What happens if a third-party application creates a problem you can’t fix yourself? What happens if you miss the deadline?
Here's something worth knowing. Although the ADA imposes accessibility obligations on covered businesses, there is currently no federal regulation requiring private businesses to make their websites conform to WCAG 2.1 or 2.2 Level AA specifically. That doesn't mean you can ignore those guidelines. But once you sign an agreement promising WCAG 2.1 or 2.2 AA conformance within six months, you’ve created a contractual obligation regardless of whether the law would have required it.
By promising something you don’t understand or can’t realistically deliver just to make a lawsuit go away, you may be creating another problem for yourself.
No, Installing an Accessibility Widget Doesn’t Solve Everything
I wish I could tell you there’s a $20-a-month app you can install that will make your website accessible and protect you from these claims.
There isn’t.
Accessibility widgets and overlays promise to improve website accessibility through automated technology. Some can be helpful.
But they don’t necessarily fix the underlying problems.
A widget may not correct a shopping cart that doesn’t work with a screen reader, a menu that can’t be navigated using a keyboard, or problems caused by third-party software.
And an automated scan can’t tell you everything about how someone with a disability experiences your website. A report might identify dozens of technical issues without telling you whether someone can navigate your website or complete a purchase.
But that hasn’t stopped companies from selling accessibility solutions that promise to do it all.
In 2025, the Federal Trade Commission took action against accessibility technology company accessiBe over deceptive claims about its AI-powered web accessibility tool, including that it could make any website WCAG-compliant within 48 hours. The company agreed to pay $1M for consumer refunds.
So, please don’t assume that installing an accessibility widget means you’ve checked the accessibility box.
You probably haven’t.
What Can You Do to Protect Your Business?
I don’t want you to finish reading this and feel like there’s nothing you can do to protect your business. You can.
First, find out whether your website is accessible.
Not just whether your developer says it is. Not just whether your accessibility widget gives you a passing score.
Whether someone using a keyboard or screen reader can actually navigate your website and use its important features.
An accessibility audit that includes manual testing is a good place to start.
Any audit should focus on how customers actually use your site.
If you sell products online, can someone using assistive technology find a product, add it to the cart, and complete a purchase?
If customers book appointments through your website, can they actually make a booking?
Fix the problems you find.
Not every issue identified by an automated tool is equally serious. Some problems prevent people from using your website altogether. Others may be technical issues that don’t create the same barriers.
Find someone who understands the difference.
Make accessibility part of your regular website maintenance.
Websites change. Every time you update something, you may introduce a new problem.
Accessibility isn’t something you think about once and then never again.
Ask questions before buying accessibility software.
What does it really fix? What doesn’t it fix? Does it test the shopping cart and checkout process? Does your developer need to make additional changes so that it works properly?
If someone promises their software will make your website ADA compliant, ask them to explain exactly what they mean and how it does what they say it does.
Give people a way to tell you when something isn’t working.
An accessibility statement with a clear way to contact your business is a good idea.
But don’t just put up a statement and forget about it.
If someone reports a problem, respond. Investigate. Try to fix it.
Document what you’re doing.
Keep records of audits, problems you’ve identified, corrections you’ve made, and your ongoing accessibility work.
That information may be useful if you ever receive a demand letter.
None of these steps guarantees you won’t be sued. But they can help make your website more accessible, reduce your exposure, and put you in a better position if a dispute does come up.
And even if you’ve settled an ADA website accessibility claim before, that doesn’t mean you’ll never get another demand letter. Or several. From different people. About the same website.
What If You’ve Already Received a Demand Letter?
Don’t ignore it.
And don’t immediately agree to pay whatever the plaintiff’s attorney is demanding, either.
Don’t make changes to your website until you’ve saved evidence of how it looked and worked when you received the demand letter.
You need to understand what you’re dealing with.
It’s usually a good idea to have an independent accessibility audit performed. An audit can tell you whether the problems identified in the letter are real problems, whether there are other accessibility issues you need to fix, and what it will take—in both time and money—to fix what needs to be fixed.
You also need to understand who you’re dealing with.
Is this a single claim, or is the plaintiff/law firm someone who files these lawsuits all the time? A lawyer whose business model depends on pursuing these types of lawsuits in volume has very different incentives than a plaintiff with an individual dispute.
Finally, don’t assume that offering a few thousand dollars will make the problem go away.
Sometimes the plaintiff’s lawyer would rather file a lawsuit than accept a penny less than what they’re demanding. If they bring tons of these cases all the time, what’s one more?
That’s a tough reality, but it’s one you need to understand before deciding how to respond.
And telling the plaintiff’s lawyer that your business can’t afford the payment they’re demanding may not be enough. They may want financial records to test your position. Before handing over sensitive business information, understand what you’re being asked to disclose, how it will be protected, and whether disclosing the information has a realistic chance of moving the negotiations forward.
Two Things Can Be True
Here’s where I land on all of this.
I believe businesses have a responsibility to make their websites accessible to people with disabilities.
I also believe there’s something deeply frustrating about a system in which a business owner can take an accessibility complaint seriously, promptly correct the problems, and still find themselves facing a demand for tens of thousands of dollars.
Especially when the business doesn’t have that kind of money.
And especially when the plaintiff’s lawyer is leveraging a process that makes filing another lawsuit relatively easy and cost-efficient.
Both things can be true.
We should want people with disabilities to have meaningful access to websites.
And we should recognize that small and medium-sized businesses often don’t have the resources to address every technical accessibility issue overnight, much less pay substantial legal fees on top of the cost of making improvements.
I don’t have much sympathy for a business that knows people with disabilities can’t use its website and simply doesn’t care.
But I have a great deal of sympathy for the business owner who does care, who wants to fix the problems, and who discovers that doing the right thing may not be enough to avoid litigation or an expensive settlement.
My advice?
Take accessibility seriously now. Don’t wait for a demand letter. Find out where your website has problems and work on fixing them.
And if you do receive a demand, get good advice before making decisions.
Someone who will explain your options and help you make a decision that makes sense for your business.
Even when all the options seem bad.
Because sometimes they are.
Audette Law advises businesses facing ADA website accessibility demands and other business disputes, with an emphasis on evaluating the legal risks, developing a practical response, and resolving conflicts before litigation whenever possible.
Learn more about our Business and IP Disputes services.