You Received a Demand Letter. Here Is What Happens Next.
Accessibility demand letters are increasing. Understanding the 30-60 day response window, what documentation matters, and how to demonstrate good-faith remediation effort can make a significant difference.
Accessibility demand letters to e-commerce businesses have increased significantly since 2023, driven in part by serial litigation firms targeting small and mid-sized merchants who lack the compliance infrastructure of enterprise retailers. If you received one, here is what the process typically looks like — and what you should do.
What the Letter Is Saying
Most demand letters allege violations of the Americans with Disabilities Act (ADA) Title III, which requires places of public accommodation — including e-commerce websites — to be accessible to people with disabilities. Some letters also cite state laws such as California's Unruh Civil Rights Act, which can carry per-violation statutory damages.
The letter will typically identify the plaintiff, list specific WCAG violations encountered during a visit to your site, and demand either monetary settlement or a binding commitment to remediate. Response windows are usually 30 to 60 days.
Your First Steps
Do not ignore it. Ignoring a demand letter does not make it go away — it removes your ability to negotiate a resolution before a lawsuit is filed. Filing costs plaintiffs very little, and non-response is often treated as evidence of bad faith.
Consult an attorney with ADA Title III experience before responding. The letter is a legal document and your response becomes part of the record. Do not make admissions or commitments in informal replies.
Document your site's current state immediately. Before you make any changes, run a full accessibility scan and save the results. This establishes a baseline that shows what existed before any remediation — important if the case proceeds.
What Good Faith Looks Like
Courts and plaintiffs' counsel evaluate "good faith" remediation differently, but there are consistent signals that help: a written remediation plan with prioritized issues and target dates, documented scan results showing progress over time, and an accessibility statement on the site.
The Robles v. Domino's Pizza decision (9th Cir. 2019) established that ADA Title III applies to e-commerce. Subsequent case law has repeatedly rewarded defendants who demonstrate active, documented remediation efforts over those who deny liability outright.
Settlement Considerations
Most accessibility demand letters are resolved through settlement — a monetary payment plus a commitment to achieve WCAG 2.1 AA conformance within a defined period. Settlement amounts vary widely but are typically in the $5,000–$25,000 range for smaller merchants.
Settlements usually include monitoring provisions: the plaintiff (or a designated auditor) will recheck the site at intervals. This is why the remediation commitment must be genuine — a pattern of settlement without actual remediation leads to repeat litigation.
Prevention Is Far Cheaper
The cost of achieving and maintaining WCAG 2.1 AA compliance on a Shopify store is a fraction of the cost of defending or settling an accessibility claim. Continuous monitoring — catching regressions as themes update, apps change, and content is added — is the only sustainable posture.