Received an ADA Demand Letter? Critical Steps to Take Immediately.

An ADA demand letter on your desk is a stressful moment for any business owner. The language is often aggressive, citing federal violations of the Americans with Disabilities Act, and demanding significant sums of money. You likely feel blindsided, especially if you pride yourself on playing by the rules.

The situation is serious, but it is manageable. Thousands of small to medium businesses across the United States face similar challenges regarding Title III of the Americans with Disabilities Act (ADA). The path forward requires a shift from emotional reaction to strategic business calculation.

Understanding your legal situation and your options is the first line of defense. By structured, decisive action, you can mitigate financial damage, resolve legal risks, and protect your reputation. This post outlines the immediate steps you must take to navigate an ADA demand effectively and cost-efficiently.

1. Do Not Ignore the ADA Demand Letter

The most dangerous action you can take is inaction. Many business owners, overwhelmed by the complexity of the allegations or the fear of legal costs, simply set the letter aside hoping it will go away. We can tell you from personal experience that if you ignore the letter and a lawsuit is later filed, it will not be possible to settle it for as little as would have been possible pre-suit.

It will not go away.

Ignoring a demand letter often escalates the situation into a filed lawsuit. If a lawsuit has already been filed and you fail to respond within the court-mandated timeframe (usually 21 days in federal court), the plaintiff can seek a default judgment. This means the court rules against you automatically because you did not show up to defend yourself. A default judgment grants the plaintiff everything they asked for, including injunctive relief (forcing you to fix the property immediately) and attorneys' fees.

Treat this document with high urgency. Note the date you received it and the deadline for response.

2. Do Not Contact the Plaintiff Directly

Your instinct might be to call the law firm or the individual who sent the letter to explain that it was a misunderstanding or that you plan to fix the issue. Do not do this. Anything you say to the plaintiff or their counsel can be used against you. Admissions of fault, even well-intentioned apologies, can severely damage your legal defense. If you admit that you knew about a barrier, it could open you up to higher damages or make settlement negotiations more difficult.

Furthermore, these plaintiffs’ attorneys are professionals who specialize in ADA litigation. They know exactly how to leverage conversation to strengthen their case. Leave all communication to your legal representative.

3. Retain Experienced ADA Defense Counsel

ADA litigation is a highly technical field. A general practitioner or the lawyer who handled your lease agreement likely lacks the specific expertise required to defend these cases effectively. You need an attorney who understands the nuances of the ADA Accessibility Guidelines (ADAAG) and federal civil procedure.

When selecting counsel, look for these qualifications:

• Specific Experience: Have they defended Title III cases before? How many? An experienced ADA lawyer will have hundreds of these cases under their belt.

  
  

• Local Knowledge: Are they familiar with the specific plaintiff and the plaintiff's law firm? Many ADA lawsuits are filed by "serial plaintiffs" who file hundreds of cases. Knowing their standard settlement range and litigation tactics is a massive advantage.

  
  

• Cost-Effective Solutions: Do they offer flat fees or clear budget expectations? Avoid firms that want to over-litigate a case that should be settled quickly.

Law Offices of Nolan Klein has represented clients in over a thousand ADA cases and we are happy to discuss any demand letter that you receive.

4. Investigate the ADA Demand Letter Allegations

Once you have counsel, you must objectively determine if the claims are valid. ADA lawsuits generally fall into two categories: Physical Barriers and Digital Barriers.

Physical Barrier Claims

These claims allege that your physical location violates ADA standards. Common allegations include:

• Parking lots lacking proper slope, signage, or van-accessible spaces.

• Restrooms without grab bars or proper turnaround space.

• Service counters that are too high.

• Entrances that lack ramps or have heavy doors.

Your attorney may recommend hiring a certified access specialist to conduct a comprehensive audit. This audit will verify if the barriers exist and providing a cost estimate for remediation. Fixing issues is critically important both to comply with the law and also to avoid any more ADA demands.

Digital Barrier Claims (Website Accessibility)

There has been a surge in lawsuits claiming that business websites are not accessible to users with visual or hearing impairments. These suits allege violations of the Web Content Accessibility Guidelines (WCAG).

Common digital failures include:

• Images missing "alt text" for screen readers.

• Videos lacking captions.

• Forms that cannot be navigated using a keyboard alone.

If your ADA demand is about your website, do not attempt to "fix" it overnight using a cheap overlay widget. These are often insufficient and do not provide true legal protection.

Evaluating Your Resolution Options

Once you understand the validity (or invalidity) of the claim, you generally have three paths forward. Your attorney will help you conduct a cost-benefit analysis for each.

1. Early Settlement

For many small businesses, this is the most cost-effective route. If the violations are minor and technical (e.g., a parking sign is mounted two inches too low), it may cost significantly more to fight the case in court than to settle.

• Pros: Ends the litigation quickly; caps your legal fees; resolves legal risks.

• Cons: You must pay the plaintiff’s attorneys' fees and usually a settlement amount to the plaintiff (depending on state law).

  
  

2. Litigation (Fighting the Case)

If the plaintiff has no standing (they never visited your store) or if your building was constructed before the ADA guidelines and modification is "not readily achievable," you may choose to fight.

• Pros: potentially pay nothing to the plaintiff; deters future frivolous suits.

• Cons: High legal defense costs; time-consuming; risk of losing and paying the plaintiff’s fees anyway.

3. Remediation and Mootness

In some jurisdictions, if you fix the alleged barriers immediately, you can ask the court to dismiss the lawsuit because the issue is "moot" (it no longer exists).

• Pros: You improve accessibility; potentially avoid paying the plaintiff.

• Cons: Requires immediate cash flow for construction/web development; legal standards for "mootness" vary by federal circuit.

The Importance of Remediation

Regardless of whether you settle or fight, you must eventually ensure ADA compliance. The ADA is a "strict liability" law, meaning your intent does not matter. If a barrier exists, you are liable.

Paying a settlement does not buy you immunity from future lawsuits. If you pay Plaintiff A but do not fix the parking lot, Plaintiff B can sue you for the exact same parking lot next week.

To ensure long-term protection:

• Create a Remediation Plan: If you cannot afford to fix everything at once, document a plan that prioritizes the most severe barriers (entrance and restroom access).

• Train Your Staff: Empower your team with knowledge. They should know how to assist customers with disabilities and maintain accessible features (e.g., not blocking the ramp with inventory).

• Monitor Compliance: Accessibility is not a one-time fix. Pavement cracks, paint fades, and websites are updated. Regular monitoring ensures you remain compliant.

Moving Forward with Confidence

Receiving an ADA demand letter is a hurdle but it is not the end of your business. Unless you allow it to turn into something bigger than it is, then it is only a nuisance. By acting quickly, securing expert defense, and focusing on cost-effective solutions, you can resolve the immediate legal threat.

If you have received an ADA demand letter, contact us to discuss the situation.