A Common Misstep When Facing Accessibility Litigation Threats
I saw an accessibility consulting agency share advice on responding to an accessibility demand letter. Recommendations 1 and 2 were spot on: consult a lawyer and an accessibility specialist. However, Recommendation 3 is something I would never endorse. Their suggestion to post a "strong accessibility statement" in response to a demand letter is misguided. Remember, this is not legal advice: if you find yourself in this situation, follow Recommendation 1, consult an accessibility litigation defense specialist, and heed their guidance. Here are four reasons I personally would never recommend posting a strong accessibility statement early in the demand letter process.
1. You've just handed the plaintiff proof of negligence.
Posting a statement after receiving the demand letter signals that accessibility wasn’t a priority beforehand. This suggests that your organization has neglected accessibility until forced to react. Believe me, attorneys for accessibility plaintiffs are skilled at using the Wayback Machine.
2. Strong accessibility statements may commit to actions your organization isn’t currently undertaking.
If the statement outlines commitments your organization hasn’t yet fulfilled, it provides plaintiffs with ammunition to prove you’re not meeting your promises. This could easily be used against your organization in court. If your organization is at the beginning of the demand letter process, it likely hasn’t made all the necessary changes to comply with WCAG standards moving forward. It’s questionable whether your organization has completed a fully accessible release or published an ACR/VPAT.
TL;DR: don’t post statements that claim your organization is committed to doing things it hasn’t accomplished yet.
3. Posting a statement during the demand letter process can escalate the situation instead of diffusing it.
Posting an accessibility statement in response to legal pressure clearly shows a lack of foresight. It highlights that accessibility was never a core part of your organization’s strategy and undermines your credibility. This creates an impression of panic rather than control, which can shift the balance of power in mediation and arbitration sessions before court proceedings. Most of these cases end with settling and paying the plaintiff. Very few cases reach the courtroom. In any threat of litigation, you always need to be planning one step ahead.
4. An accessibility statement published too early can erode trust with parties outside the dispute.
Words without immediate actions that reflect those words can backfire with customers, partners, and employees. Instead of appearing committed to accessibility, your organization risks appearing insincere or unprepared to take meaningful action. Accessibility is a civil right and should not be treated as a public relations tactic in response to a legal demand. Address demand letters with expertise, transparency, and strategy, not hurried optics. Accessibility demand letters require careful, strategic responses involving attorneys familiar with the process who can approve each step. Posting a premature accessibility statement may lead your organization to incur significant costs. Remember, the potential plaintiffs aren’t the only people watching your actions.
Final Thoughts
It’s natural to want to demonstrate your commitment to doing the right thing once you’ve realized your organization is doing something wrong and want to fix it. However, doing so without proper review can cause more harm than good.
Instead, focus on developing a robust plan with guidance from legal and accessibility experts. An accessibility commitment requires both words and ongoing action to be effective. Your organization needs to implement processes, meet compliance standards, and ensure equal access for everyone.
This must be done sustainably and not abandoned once the threat of litigation passes. Many people are not getting the memo on that last sentence, as over 40% of federal accessibility lawsuits are against organizations that have been previously sued.
Respond thoughtfully, prioritize long-term progress, and demonstrate that accessibility is part of your organization’s values, not merely a reaction to legal pressure. Absolutely, post an accessibility statement, but do it when it is the right time, not as a reaction to a demand letter.