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Digital Accessibility 101

Published • By DAPEN Organization

If you own a business with a website, your site needs to be usable by people with disabilities. That’s good customer service — and in the U.S., it’s often the law. This guide explains digital accessibility in plain English, why small businesses get ADA demand letters, why there’s no 100% solution, and how to protect your business.

What is Digital Accessibility?

Digital accessibility means everyone can use your website — including people with vision, hearing, mobility, or cognitive disabilities. In practice, that looks like:

  • Adding alt text so images are described by screen readers.
  • Using readable text sizes and strong color contrast.
  • Providing captions or transcripts for videos and audio.
  • Making sure pages work with a keyboard (no mouse required).
  • Organizing content with proper headings so it’s easy to navigate.

Why ADA Website Compliance Matters for Small Businesses

The Americans with Disabilities Act (ADA) is a civil rights law. Courts increasingly apply it to websites. Small businesses across the country receive demand letters claiming their sites aren’t accessible and requesting quick cash settlements — often $5,000–$20,000+.

Section 508 and WCAG (The Standards You’ll Hear About)

Section 508 is a federal requirement for government sites and contractors. WCAG (Web Content Accessibility Guidelines) are widely used standards that describe how to make content accessible. Following WCAG helps — but it’s not a legal guarantee.

The Gray Area: There’s No 100% Solution

Here’s the hard truth: there’s no official certification or single checklist that makes you lawsuit-proof. The rules and expectations evolve, WCAG gets updated, and auditors sometimes disagree. You can do everything right and still be targeted — which is why having a response plan matters.

  • No official “safe” stamp: There’s no government pass/fail certificate.
  • Standards change: WCAG updates add new criteria over time.
  • Interpretation varies: Two audits can reach different conclusions.

How to Reduce Your Risk Today

  • Fix the obvious: Add missing alt text, improve color contrast, ensure forms and buttons are labeled, and caption your videos.
  • Post an Accessibility Statement: Tell visitors how to contact you if they hit a barrier. (See ours.)
  • Run an audit: Ask for a WCAG-informed review and prioritize critical fixes first.
  • Use accessible patterns: Choose themes, plugins, and builders known for accessibility.
  • Document improvements: Keep notes/screenshots of what you’ve fixed — it shows good faith.

What to Do If You Receive an ADA Demand Letter

  1. Don’t ignore it. Response timelines are often short.
  2. Get legal help. Work with an attorney experienced in ADA website matters.
  3. Address the specifics. Fix the exact issues named in the letter quickly.
  4. Communicate professionally. Keep records of your response and remediation steps.

How the DAPEN® Defense Fund Protects Your Business

Because accessibility is a moving target, the safest approach is to be ready. The DAPEN® Defense Fund is a rapid-response membership for ADA website demand letters:

  • Attorney Drafted Response: A licensed lawyer replies to the sender on your behalf.
  • Targeted Fixes: Developers correct the issues named in the letter to reduce future risk.
  • Guided Process: We walk you through what to do, what to say, and how to document it.

There’s no 100% solution in this industry — but you can have a plan and a team when it counts.

Frequently Asked Questions

Is ADA website compliance required for all small businesses?
In practice, if you serve the public online, you should assume accessibility requirements apply. Courts have increasingly treated business websites as places of public accommodation.
How do I know if my site is “ADA compliant”?
There’s no official certificate. Use WCAG-based audits and fix barriers. Keep improving over time and post an Accessibility Statement to show your commitment.
What’s the difference between ADA and WCAG?
ADA is the U.S. civil rights law; WCAG is a technical guideline used to evaluate accessibility. Aligning with WCAG helps demonstrate good-faith compliance efforts.
Do accessibility overlays solve this?
Overlays can help with some issues but don’t guarantee compliance and sometimes create new barriers. Real fixes at the code and content level are more reliable.

Next Steps

  • Join the DAPEN® Defense Fund so you have legal representation if a letter arrives.
  • Publish or update your Accessibility Statement.
  • Run a quick audit and fix the top issues this week.
Get Protected with the DAPEN® Defense Fund

Join the DAPEN Defense Fund for legal response and targeted website fixes if you receive an ADA demand letter.