ADA Demand Letters: How to Avoid Them and What to Do if You Get One

If your company is determined to build an inclusive culture, it is important to start from the first touchpoint people have with your business: your website. If your company has any kind of web presence, it needs to be inclusive. Blind and low-vision people have a legal right to equal access to your website, meaning they should be able to benefit from it the same way as people with full sight. If your site isn’t already compliant, you may be at risk of receiving an Americans with Disabilities Act (ADA) demand letter.

What is an ADA Demand Letter?

In short, an ADA demand letter is a complaint against your website. It will explain exactly what the issues are with your website and what the law firm that is sending you the letter thinks you need to do in order to fix them.

Since these letters come from lawyers, it is understandable if your first reaction is to panic. However, it is important to remember that this letter does not have to mean a big lawsuit or a lot of money out of pocket for your company.

What this letter does mean is that you have an opportunity to create a more inclusive environment for people who are blind or have low vision. If you do receive an ADA demand letter, your best bet is not to ignore it or to fight it, but to take a good look at what it is asking for and create a plan to make your website compliant.

Your Next Steps

Before you do anything, you will want to bring in an expert. While it is true that an ADA demand letter does not necessarily mean problems for you, it is always best to cover all of your bases.

Work with your consultant to figure out how to respond to the letter; whatever you do, do not ignore it. First, because making your website ADA compliant is the ethical thing to do. Second, because there is a good chance that you will be looking at a lawsuit if you do ignore it. Responding to the letter quickly and thoroughly is a show of good faith.

Next, you will want to have your website audited so you can start to make a plan. It is important to make sure that you are working with an expert in the field. The more experience they have, the more appropriate changes they will be able to recommend. 

Finally, once you have a plan in place, you will want to start acting on it. Make sure that you keep your consultant with you along the way to avoid any missteps.

Successful Complaint Resolution

In the end, you will want to achieve two goals:

  • A compliant and inclusive website
  • A swift, successful complaint resolution

Acting quickly on an ADA demand letter will make the process much smoother and help you put the whole situation behind you. Plus, it will give you the opportunity to improve your company’s inclusion and diversability (diverse ability) policies.

At Applied Development, one of our specialties is complaint resolution. We know that it can be stressful when you receive a complaint or a demand letter. That is why we work closely with your team throughout the entire process to create a solution that works for all parties. If you have questions about ADA demand letters or Section 508 compliance, give us a call at (410) 571-4016 or or use our Contact Us form. 

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