What should a small business do if it gets an ADA website demand letter or lawsuit?
Do not ignore it, and as a rule, do not pay, sign or reply until a lawyer has read it. Keep the letter, the envelope and any deadline it names, and save dated copies of the pages it mentions. U.S. Justice Department guidance takes the position that the ADA applies to the websites of businesses open to the public, so check the site for real barriers either way. This is a plain summary, not legal advice.
First steps, in order
- Do not ignore it. Letters and court papers often carry deadlines, and missing one can make things worse.
- Keep everything: the letter, the envelope, any emails, and dated screenshots of the pages it names.
- It is usually wise not to pay, sign or reply before a lawyer has read it. A reply written in a hurry can be used later.
- Find out what it is. A demand letter asks for something; a lawsuit is filed in a court, and the business is usually served with court papers. A lawyer can tell you which you have.
- Ask your insurance agent whether any of your business policies covers this kind of claim.
What the Justice Department's guidance says
This is a plain summary, not legal advice. The Justice Department's "Guidance on Web Accessibility and the ADA" (March 2022) takes the position that the ADA's requirements apply to the goods and services businesses open to the public offer on the web, and it says businesses have flexibility in how they comply but must comply. It lists sample agreements the Department reached with businesses over website barriers, including Rite Aid, H&R Block and Peapod. ADA.gov notes that guidance documents posted on the site have no legally binding effect, and the guidance is not a ruling on any particular letter. The related answer on website accessibility summarizes the rest.
Why many letters look alike
Some letters are templates sent to many businesses at once, often quoting the same automated scan. That does not make a letter fake, and it does not make it valid. Let a lawyer judge it, and do not rely on the sender's own report of what is wrong with your site.
A widget is not the answer
Buying an accessibility widget after a letter arrives is a common reflex. The related answer on whether accessibility widgets make a website compliant explains why no tool can promise that.
Fix real barriers either way
Whatever happens with the letter, barriers that shut customers out are worth fixing. The related answer on website accessibility lists the barriers the guidance names and simple checks an owner can run. Keep a dated record of what you fixed and when, and share it with your lawyer.
Sources
Related answers
- What is website accessibility, and why does it matter for a small business?
- Do accessibility widgets or overlays make a website compliant?
- What reading level should a small business website be written at?
Websites, upgraded or built
Most businesses do not need a new website. They need the one they have to load fast, say clearly what they do and ask the visitor to take one step.