Recent data suggests that the number of federal ADA lawsuits in the U.S. involving digital accessibility has increased by 37%, per EcomBack’s 2025 mid-year report.
However, businesses have more to worry about than lawsuits. ADA demand letters are still a relevant strategy among attorneys. In fact, many businesses are caught off guard by pre-litigation demand letters that claim non-compliance with ADA Title III and request immediate settlement. These letters are often less publicized, faster to resolve, and less expensive for attorneys to pursue—making them an attractive tactic.
Let’s explore why these letters are a real threat, and what online businesses can do to stay protected.
What Is an ADA Demand Letter?
An ADA demand letter typically claims that a website, mobile app, or digital service is not accessible to users with disabilities. These letters may reference specific usability barriers encountered by a user with a disability, such as not being compatible with screen reader software or lacking keyboard navigation. Attorneys also request a settlement payment, often in the thousands of dollars, and demand that the business remediate accessibility issues within a short time frame.
Even if the claim is questionable, many businesses settle out of fear, lack of legal knowledge, or to avoid expensive litigation.
What Your Business Can Do
1. Get a Comprehensive ADA Website Audit
A manual audit performed by accessibility experts (not just automated scans) will identify real usability issues and legal risks.
2. Implement Proper Remediation
Fixing accessibility issues requires more than quick patches. We offer remediation services that align with WCAG 2.1 AA standards—the benchmark most courts and regulators recognize.
3. Maintain Compliance Over Time
Accessibility isn’t a one-and-done effort. With ongoing monitoring, employee training, and documentation, you can stay ahead of future risks.
4. Be Ready with Legal Support
If you receive a demand letter, having someone on your side can make all the difference. Contact a legal expert to help interpret claims, respond appropriately, and provide documentation to defend your accessibility efforts.
Act on Accessibility Now
ADA demand letters are a persistent and costly threat to online businesses. The best defense is a proactive approach: ensure your digital assets are fully accessible, compliant with WCAG, and supported by expert documentation.
At EcomBack, we’re here to help you protect your business while building a more inclusive web. We specialize in ADA compliance services tailored for online businesses, including audits, remediation, monitoring, and expert support. With a deep understanding of ADA standards, we help companies proactively protect themselves from legal risks while creating more inclusive experiences for all users.
