Accessibility Compliance
Received an ADA Website Demand Letter? The First 7 Days
An ADA website demand letter usually arrives without warning: a law firm alleging your website isn't accessible to a blind or low-vision user, citing specific WCAG failures, and demanding remediation - often with a payment - within a short window. This isn't legal advice; talk to an attorney immediately. But here's the practical, non-legal groundwork worth doing in the first seven days, in parallel with retaining counsel.
Day 1: don't panic-fix, and don't ignore it
The two worst responses are opposite extremes: making rushed, cosmetic changes to the site without understanding the real scope of issues, or ignoring the letter and hoping it goes away. Neither protects you. Read the letter carefully, note the specific deadline, and start the next steps in parallel.
Day 1-2: retain counsel experienced in ADA/accessibility matters
This is the single most important action in the first week. General litigation counsel without specific ADA website experience can miss nuances that matter - in settlement posture, in what remediation actually needs to look like, and in how to respond to the specific firm, since many of these letters come from a small number of firms with recognizable patterns.
Day 2-4: get an independent, real accessibility audit started
Don't rely solely on the letter's own claims for your understanding of scope - some demand letters are thorough, others cite a handful of issues found by an automated scanner and imply far broader non-compliance than actually exists. An independent audit gives you, and your attorney, an accurate, evidence-based picture to negotiate from.
Day 4-7: build a remediation plan, not just a response letter
Courts and plaintiffs' counsel increasingly want to see a credible, time-bound remediation plan, not just a legal rebuttal. A plan backed by a real audit - with prioritized findings and realistic timelines - is usually the strongest settlement position, and it's also simply the right thing to do regardless of the legal outcome.
What not to do
- Don't install an accessibility overlay as your response - it won't satisfy the claim and can be used as evidence you chose a shortcut.
- Don't ignore the letter past its stated deadline without at least having counsel respond.
- Don't make public statements about the claim before talking to counsel.
Need help with this in practice?
A5 Cyber Nexus audits, remediates and certifies against these frameworks.
Frequently asked questions
Is this legal advice?
No. This is general, practical guidance - retain an attorney experienced in ADA/digital-accessibility matters immediately; they'll advise on your specific situation and jurisdiction.
Will fixing the issues make the lawsuit go away?
Remediation is usually necessary but not always sufficient on its own - settlement and legal strategy is something to work through with your attorney, but a credible audit and remediation plan materially strengthens your position either way.
Can you do the audit quickly enough to matter?
Yes - this is a common, time-pressured request, and we scope and prioritize specifically for the deadline counsel is working against.
Related on A5 Cyber Nexus
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