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Can You Ignore an ADA Demand Letter? (What Happens If You Do)

Can You Ignore an ADA Demand Letter? (What Happens If You Do)

TL;DR: No, you cannot ignore an ADA demand letter. Ignoring it leads to a federal lawsuit, $20K-$100K in legal costs, and you still have to fix the violations anyway. The letter is your cheapest option.


If you just got an ADA demand letter about your website, you're probably hoping you can ignore it and it'll go away.

It won't.

Here's exactly what happens when businesses ignore these letters - and why that's the most expensive mistake you can make.

Can You Technically Ignore It?

Yes, you can physically ignore it.

The letter isn't a court order. Nobody will arrest you for not responding.

But should you ignore it? Absolutely not.

Ignoring a demand letter doesn't make the problem disappear - it just makes it dramatically more expensive when it comes back.

What Happens If You Ignore It (Timeline)

Let me walk you through exactly what happens:

Week 1-4: You Ignore the Letter

The law firm sends a demand letter listing accessibility violations on your website. They give you 30-60 days to respond.

You think: "Maybe if I ignore this, they'll go away."

What's actually happening: The law firm notes your non-response. They're preparing to file a lawsuit.

Week 5-8: They File a Federal Lawsuit

Since you didn't respond, they file a lawsuit in federal court.

What this means:

  • Public court record - Anyone can Google your business and see you're being sued for disability discrimination
  • You need a lawyer - Defense attorneys charge $300-$500/hour for federal litigation
  • Legal process begins - Discovery, depositions, document requests, court filings
  • Massive time sink - Hundreds of hours dealing with lawyers instead of running your business

Cost at this point:

  • Legal fees (yours): $20,000-$50,000 minimum
  • Time lost: 100+ hours
  • Stress level: Maximum

Month 3-6: Discovery and Settlement Negotiations

Most accessibility lawsuits settle before trial. But you still have to go through:

  • Discovery process - Providing documents, answering interrogatories, giving depositions
  • Expert witnesses - The plaintiff hires accessibility experts to document your violations
  • Settlement negotiations - Your lawyer tries to settle to avoid trial

Additional costs:

  • Ongoing legal fees: $10,000-$30,000
  • Expert witness fees: $5,000-$15,000
  • Lost productivity: Immeasurable

Month 6-12: Settlement (Finally)

Very few cases go to trial. You'll eventually settle.

Typical settlement includes:

  • Cash payment to plaintiff: $10,000-$75,000
  • Plaintiff's attorney fees: $15,000-$40,000
  • Agreement to fix all violations (you still have to fix your website)
  • Court-mandated monitoring: 2-3 years at $5,000-$10,000/year
  • Regular compliance reports filed with the court

Total cost by now:

  • Your legal fees: $30,000-$80,000
  • Settlement payment: $10,000-$75,000
  • Attorney fees (theirs): $15,000-$40,000
  • Monitoring: $10,000-$30,000 over 2-3 years
  • Total: $65,000-$225,000

After Settlement: You Still Have to Fix It

Here's the kicker: after spending $65K-$225K on legal costs, you still have to make your website accessible.

The settlement doesn't let you off the hook - it requires remediation. So you end up paying for:

  • Accessibility consultant: $3,000-$8,000
  • Ongoing monitoring: $5,000-$10,000/year
  • The fix you could have done for $3K at the beginning

Why Businesses Ignore Demand Letters

I get it. There are psychological reasons people ignore these letters:

"Maybe it's not real" It is. These come from actual law firms representing disabled plaintiffs.

"Maybe they're bluffing" They're not. Over 4,000 federal accessibility lawsuits were filed in 2023.

"Maybe if I ignore it, they'll move on to easier targets" They won't. Once they've sent the letter, they've already invested time. They'll follow through.

"I don't have time for this right now" You'll have even less time when you're dealing with a federal lawsuit.

"I can't afford to deal with this" You definitely can't afford NOT to deal with it. The letter is your cheapest option.

What Happens vs. What You Hoped Would Happen

What you hope: Ignore letter → They go away → Problem solved → Cost: $0

What actually happens: Ignore letter → Federal lawsuit → $65K-$225K in costs → Still have to fix website → Problem solved the most expensive way possible

The Math Is Brutal

Let's compare your options:

Option A: Respond to the Demand Letter

  • Scan your site: Free
  • Fix violations professionally: $2,000-$8,000
  • Possible small settlement to close case: $0-$5,000
  • Time investment: 2-3 weeks
  • Total cost: $2,000-$13,000

Option B: Ignore the Demand Letter

  • Federal lawsuit filed: $0 (but here it comes)
  • Your legal defense: $30,000-$80,000
  • Settlement payment: $10,000-$75,000
  • Their attorney fees: $15,000-$40,000
  • Monitoring (2-3 years): $10,000-$30,000
  • Fix violations anyway: $2,000-$8,000
  • Time investment: 6-18 months of hell
  • Total cost: $67,000-$233,000

Ignoring the letter costs 10-20x more than just fixing the problem.

What You Actually Should Do

If you got an ADA demand letter, here's your action plan:

Step 1: Don't panic (but don't ignore it)

Yes, the letter is serious. No, your business isn't doomed. This is a solvable problem.

Step 2: Find out what's actually wrong

Run an accessibility scan of your website. See what violations they're claiming. Understand the scope.

Most sites have 15-50 violations. Many are minor technical issues that take an hour to fix.

Step 3: Get the violations fixed

Hire someone who actually knows accessibility (not just an overlay plugin). Get the code fixed properly.

Cost: Usually $2,000-$8,000 depending on your site's complexity.

Step 4: Document everything

Keep records of:

  • What violations existed
  • What you fixed and when
  • Who did the work
  • Evidence of good faith effort

Step 5: Respond to the letter

Show them you've taken it seriously and fixed the issues. Many law firms will close the case if you demonstrate good faith compliance.

Some may still want a small settlement ($2,000-$5,000) to close it out. That's still way cheaper than a lawsuit.

What If You've Already Ignored It?

If you got a demand letter weeks ago and ignored it:

Act now. You probably still have a few weeks before they file the lawsuit.

  • Contact an accessibility consultant TODAY
  • Get your site scanned
  • Start fixing violations
  • Respond to the letter showing you're addressing it

If they've already filed a lawsuit:

Get a lawyer immediately. You're now in federal litigation and need legal representation.

But you still need to fix your website, so contact an accessibility consultant in parallel. Showing the court you're actively remediating helps your case.

The Bottom Line

Can you ignore an ADA demand letter?

Technically yes. Practically no. Financially devastating.

The letter is your warning shot. It's your chance to fix the problem for a few thousand dollars instead of dealing with a $100K+ lawsuit.

Ignoring it doesn't make it go away - it just makes it exponentially more expensive.


What to do right now:

Scan your website - See what violations they're claiming (free, 30 seconds)

Then get them fixed before this becomes a federal case.

Don't let pride, procrastination, or wishful thinking turn a $3,000 problem into a $100,000 disaster.

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