On Avoiding ADA Demand Letters & Ineffective Overlays
If you’ve recently received an ADA (Americans with Disabilities Act) demand letter about your website, I completely understand your frustration and skepticism—because I feel the same way. It deeply troubles me that many business owners only find Accessible Web after being targeted by “demand letter farms,” groups of plaintiffs and law firms sending out hundreds or even thousands of identical boilerplate letters, leaving businesses feeling scammed and exploited. Worse yet, many of these businesses trusted overlay companies that promised quick accessibility fixes through ineffective toolbars or widgets.
In 2016, as the operator of a web design agency, I saw this wave of ADA compliance lawsuits coming over the horizon. I started Accessible Web and got to work developing an affordable and effective solution. Because of this proactive stance, Accessible Web is often accused of being part of, or a conveniently positioned solution, to the problem. We try not to take offense, but instead attempt to educate, as our team understands the skepticism in an industry and legal landscape rife with misinformation.
Let’s be clear: digital accessibility is critically important. For millions of people with disabilities, inaccessible websites create genuine and painful barriers, equivalent to buildings without ramps or elevators. Imagine trying to purchase tickets to your favorite artist’s concert online, only to discover the website isn’t compatible with your screen reader. Or imagine needing a product urgently but being unable to buy it online, forcing you to physically go to a store, an action that can be extremely burdensome or even impossible. These are real, everyday issues faced by individuals with disabilities, highlighting why accessibility is not just a legal requirement but a moral obligation.
These demand letter mills systematically target businesses, draining budgets on settlements and legal fees. After both sides’ lawyers have taken their cuts, there’s rarely money left for genuine accessibility improvements. This leaves businesses vulnerable to repeated lawsuits and perpetuates a cycle that benefits no one, least of all the people with disabilities whom these laws are intended to protect.
Overlay companies further muddy these waters by falsely promising effortless compliance with instant fixes. In reality, overlays do little more than mask accessibility issues, often making websites even more confusing or unusable for users with disabilities. They lead businesses to believe they’re protected, only to be sued again.
At Accessible Web, we know there’s a better way. Accessibility isn’t achieved through quick fixes, it’s an ongoing commitment to meaningful improvement aligned with recognized standards like the Web Content Accessibility Guidelines (WCAG). When your website is built or updated to adhere to WCAG standards, it will naturally work with assistive technologies such as screen readers, without the need for extra toolbars or overlays. Our approach is proactive and thorough. I’m proud to say that we’ve never had a client receive a demand letter while working with us and following our recommendations.
Our comprehensive accessibility program includes:
- Accessibility Page: Usually located in your website’s footer, with a statement clearly communicating your commitment and detailing the accessibility standards your site adheres to.
- Barrier Reporting & Accommodation Requests: A straightforward mechanism for users to report issues or request necessary accommodations, ensuring your commitment to accessibility and allowing them to access your organization’s products, services, and information.
- Manual Accessibility Audits: Providing clear visibility into your website’s compliance with WCAG standards.
- Remediation Guidance: Detailed, step-by-step instructions for resolving identified accessibility barriers.
- Training and Education: Empowering your team with the knowledge to sustain accessibility long-term.
- Continuous Monitoring: Tools and practices ensuring your site remains compliant and user-friendly.
We’re so tired of demand letter mills and ineffective overlays, it’s time to do accessibility right. Let’s talk about genuinely improving your website to meet ADA compliance and WCAG standards—not just because it’s legally necessary, but because it’s the right thing to do.
Together, let’s build a truly accessible web.
Peter Jewett
CEO, Accessible Web
