“We Didn’t See It Coming”: A Wake-Up Call on ADA Website Compliance
Posted on Americans with Disabilities Act | ADA Compliance
- One of our clients received a legal demand letter for ADA non-compliance and was blindsided.
- Our ability to demonstrate a documented “good faith effort” helped reduce their legal exposure.
- ADA compliance isn’t just about lawsuits — it’s about doing the right thing and welcoming all users.
- Keeping a detailed audit trail (meetings, updates, reports) is a critical safety net.
- In the absence of clear government oversight, opportunistic lawsuits are on the rise — don’t wait until you’re targeted.
Estimated reading time: 7 minutes
A Letter No One Wants to Receive
If you’ve ever opened your inbox to find a vaguely threatening letter from a law firm, your heart probably sank. That’s exactly what happened to one of our clients — a small but well-established local business we’ve worked with for years. Out of nowhere, they received a demand letter claiming their website violated the Americans with Disabilities Act (ADA). The letter, sent on behalf of a visually impaired individual, demanded that they immediately fix the site’s issues… or face legal action.
The firm that sent the letter had done this before. It was a boilerplate document with very little detail, yet it carried a serious legal threat. It wasn’t about going to trial. It was about settlement. Quick cash. Minimal fuss. But maximum stress for the unsuspecting business owner.
Our client was caught off guard.
ADA Lawsuits Are on the Rise — And You Might Not Know You’re at Risk
Over the years, I’ve seen the rise of responsive design, mobile-first thinking, SEO, streaming video, and many other trends. However, nothing has surprised clients more than ADA compliance. Why? Because most people think it only relates to physical spaces — ramps, elevators, restrooms.
But the ADA applies to digital experiences too.
And while there’s no specific federal law detailing exactly how your website should operate, court rulings and legal interpretations increasingly refer to the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA, as the standard. If your site doesn’t comply with those guidelines, you could be at risk.
When the Law Has No Sheriff, Opportunists Show Up
One of the most frustrating parts of ADA website compliance is the lack of clear government oversight. There’s no central agency that gives grades or issues certificates. There’s no definitive way to demonstrate that your website is “compliant,” and no official appeals process if someone claims it isn’t.
Unlike restaurant inspections or building permits, no one is officially checking.
And that legal ambiguity has created an ideal environment for opportunists. Over the years, we’ve observed a concerning trend: demand letters from attorneys who have built a business model around targeting non-compliant websites, sometimes on behalf of the same clients, repeatedly.
It’s not always about justice. It’s often about leverage.
These attorneys count on business owners not understanding their rights or the details of web compliance. If you panic and write a check, they win. If you’re unprepared and lack proof of your efforts, you might not have a choice.
That’s why keeping documentation is no longer optional — it’s your insurance policy.
The Hidden Lifesaver: Documentation and “Good Faith Effort”
In our client’s case, the strongest defense wasn’t a team of expensive attorneys. It was evidence of effort.
We had documentation proving we conducted an accessibility audit earlier this year. This included meeting notes, developer timesheets, and an implementation plan to address accessibility issues in phases. We also had a screenshot of the client’s website accessibility statement — something many businesses overlook.
That paper trail made a big difference.
Their attorney was able to show that the business was not ignoring accessibility — they were actively working toward ADA compliance. That was enough to shift the conversation away from a steep settlement and toward a much more reasonable resolution.
This wasn’t luck. It was preparation.
Don’t Let Perfection Be the Enemy of Progress
Here’s the truth: your site might never be 100% compliant. Accessibility is constantly changing. Guidelines are always evolving. Technologies shift. And user needs differ.
But that doesn’t mean you get a pass.
The ADA focuses on reasonable access — and courts have shown leniency toward businesses that make a genuine effort to improve. That means regularly auditing your site. It means applying known fixes. It means training your team and collaborating with vendors who understand ADA principles.
And most importantly, it means documenting every step you take.
We recommend our clients keep a simple record:
- Dates of accessibility audits
- Meeting notes discussing compliance
- Development timelines or checklists
- Any reports or output from tools like AccessiBe or WAVE
- Copies of accessibility statements posted on the site
You don’t need to hire a law firm. But you do need a folder labeled “ADA Compliance.” One day it could be your lifeline.
In today’s legal environment, making your website accessible isn’t just ethical — it’s strategic. While there’s no way to guarantee complete protection from ADA-related lawsuits, demonstrating consistent effort through audits, updates, and team discussions can significantly lower your risk. It’s your best defense and the right thing to do.”
— Henry Bramwell, President of Visionary
It’s Not Just About Lawsuits — It’s About People
Let’s step back for a moment.
Compliance is important. Lawsuits are stressful. But the heart of this issue isn’t legal — it’s human. It’s about building websites that work for everyone.
Think about someone with low vision trying to book a wedding venue. Or a parent with arthritis trying to register their child for camp on your site. Or a hearing-impaired user trying to watch a promotional video with no captions. This is the world we live in — one where inclusivity isn’t optional.
And when you build a website that works for everyone, you’re not just covering your legal bases — you’re expanding your reach. You’re showing empathy. You’re being a good business.
We don’t talk about that enough.
Where Tools Like AccessiBe Fit In
We’ve used automated solutions like AccessiBe, which utilize AI to enhance website accessibility through overlays and screen reader support. They’re an effective first step — especially for small businesses that lack the resources for a full manual audit.
But no tool is perfect. These tools don’t make your website fully compliant — they help improve its accessibility. That’s an important distinction.
We always recommend combining automated tools with manual testing and development. And again, keep documentation. Even a simple “Accessibility Improvements Log” in Google Drive can be very helpful.
Final Thought: Your Website Should Be Welcoming
When visitors come to your front door, you want them to feel welcome. Your website should do the same.
That’s what accessibility really is — hospitality in the digital age.
Make the effort. Track your progress. And when in doubt, ask for help.
We’ve been building websites for over twenty years. We’ve seen a lot. And if we can help one client sleep better at night — whether it’s with a remediation plan, a strategic audit, or just a solid paper trail — then we’re doing something right.
Frequently Asked Questions About ADA Website Compliance
ADA compliance for websites involves ensuring your digital content is accessible to individuals with disabilities. This includes features for users with visual, hearing, motor, or cognitive impairments. The WCAG 2.1 Level AA is the most widely adopted standard, addressing aspects such as contrast ratios, keyboard navigation, screen reader compatibility, and more.
Yes. ADA lawsuits targeting small businesses are becoming more common. Some law firms actively seek out non-compliant websites and send demand letters to encourage quick settlements. It’s not just large corporations that get targeted — anyone can be.
A good faith effort involves conducting audits, making improvements, using accessibility tools, and recording your progress. Courts usually favor businesses that demonstrate they are actively working to improve accessibility, even if they haven’t achieved full compliance yet.
Save any evidence that demonstrates your efforts toward accessibility: audit reports, meeting notes, timelines, developer timesheets, accessibility statements, screenshots, and tool outputs. Keep them in a dedicated compliance folder. In a dispute, this documentation can be very valuable.