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Consult legal counsel immediately. This resource provides general guidance only and does not constitute legal advice. When you receive an accessibility demand letter or are served with a lawsuit, engage qualified legal counsel before taking any substantive action.

Demand Letters

An accessibility demand letter is a formal notice of alleged accessibility violations and an invitation—or threat—to resolve the matter without litigation.

Immediate Steps on Receipt

  • Do not ignore the letter. Deadlines matter. Failure to respond within stated timeframes may accelerate litigation.
  • Record the date of receipt precisely
  • Identify the sender, their legal representation, and the claimed violations
  • Forward to legal counsel immediately
  • Do not respond directly without legal review
  • Do not make public statements about the letter
  • Initiate a litigation hold on relevant documentation

Understanding the Allegations

Work with your accessibility team and legal counsel to evaluate the allegations:

  • Are the identified barriers real and reproducible?
  • Which WCAG criteria are implicated?
  • What is the regulatory framework cited (ADA, Rehabilitation Act, etc.)?
  • Is this a targeted, well-researched complaint or a mass-mailed template letter?
  • What does your existing accessibility documentation show about these barriers?

Internal Escalation

An accessibility demand letter is a business and legal matter, not just a technical one. Escalate appropriately and quickly.

Escalation Path

  1. Notify General Counsel or outside legal counsel immediately
  2. Brief the Chief Accessibility Officer or accessibility program lead
  3. Notify executive leadership per your incident response procedure
  4. Engage PR/Communications if public disclosure risk exists
  5. Inform relevant product owners of affected products
  6. Activate any relevant insurance carrier notification requirements

Incident Response Team

Establish a cross-functional accessibility incident response team before you need it. The team should include:

  • Legal counsel (internal and/or external)
  • Chief Accessibility Officer or senior accessibility lead
  • Product leadership for affected products
  • Communications/PR representative
  • HR (if employee accommodation issues are raised)

Your legal counsel needs to understand your accessibility program to effectively represent your organization. Prepare them well.

Briefing Your Attorneys

  • Provide your accessibility policies and governance documentation
  • Share your current and historical audit records
  • Describe your accessibility testing program and cadence
  • Explain your remediation tracking and progress
  • Provide training records showing staff have received accessibility training
  • Share accessibility statement history

Selecting Accessibility Experts

Legal counsel may need to retain accessibility experts. Characteristics of qualified experts include:

  • CPACC, WAS, or CPWA certification from IAAP
  • Demonstrated experience with WCAG auditing and testing
  • Familiarity with assistive technology testing
  • Prior expert witness experience if litigation proceeds
  • Independence from your organization (for credibility)

Preserving Documentation

Once litigation is reasonably anticipated, you have a legal duty to preserve relevant documents. Failure to do so can result in sanctions.

Litigation Hold Process

  • Issue a formal litigation hold notice to all relevant custodians
  • Identify and preserve all accessibility audit records
  • Preserve testing evidence, screenshots, and reports
  • Suspend routine document destruction policies for covered materials
  • Preserve communications (email, Slack, project management systems) related to accessibility
  • Document what was preserved and when

Documentation Integrity

  • Do not alter, delete, or "clean up" documents once a hold is in place
  • Preserve documents in their native formats where possible
  • Maintain metadata (creation dates, modification dates) of key documents
  • Establish chain of custody for physical or exported documents

Communication Planning

How your organization communicates during an accessibility legal matter can significantly affect the outcome.

Internal Communications

  • Route all substantive communications through legal counsel
  • Mark communications with legal counsel as privileged where applicable
  • Brief employees on what not to say publicly or in writing
  • Establish a single spokesperson for the matter
  • Do not discuss the matter on social media or public channels

External Communications

  • Direct all external inquiries about the matter to legal counsel
  • Prepare media holding statements reviewed by legal counsel
  • If you maintain an accessibility statement, update it only with legal review
  • Consider proactive user communications if a resolution benefits users
  • Document all external communications related to the matter

When litigation is pending, remediation priorities shift. Demonstrating good faith through rapid, verifiable remediation can significantly affect outcomes.

Prioritizing Alleged Barriers

  • Remediate specifically alleged barriers first, with legal review
  • Document each remediation step with dates and evidence
  • Verify remediation through independent testing
  • Do not remove barriers without documenting the original state
  • Communicate verified remediations to legal counsel for negotiation use

Remediation as Settlement Leverage

Documented, verifiable remediation of identified barriers often forms the basis for settlement negotiations.

  • Create a remediation plan with specific commitments and timelines
  • Offer independent third-party verification of remediation
  • Propose ongoing monitoring commitments
  • Consider mediation as a path to resolution
  • Engage experienced accessibility counsel for settlement negotiations