In 2025, over 250,000 small businesses will receive an ADA website demand letter. The majority will settle. Not because they intended to exclude anyone, but because it’s almost always cheaper to settle than to fight without preparation. This page explains how demand letters become lawsuits, shows real small-business examples, and outlines how to protect yourself from rushed, costly outcomes.
The Pattern: Demand Letter → Settlement → Repeat
- A demand letter arrives. It alleges your website is not accessible to people with disabilities and cites the ADA and WCAG issues.
- The clock starts ticking. You often have just 10–14 days to respond before it escalates.
- You scramble for help. Under time pressure, legal + dev costs spike — commonly $5,000+ for response and targeted fixes.
- You settle. A court battle risks tens of thousands more, so most small businesses pay to make it go away.
Real Small-Business Examples
1) Missouri “Sue-and-Settle” Wave
In Missouri, more than 75 small businesses — including well-known local brands like Gates BBQ, the American Jazz Museum, and Betty Rae’s Ice Cream — were hit with ADA website lawsuits in rapid succession. Many quietly settled for thousands to avoid expensive litigation. Read more
2) Fetterman’s Deli: A New Business Shaken Down
Shortly after opening, Fetterman’s Deli received an ADA website demand letter despite having an accessible physical space and an online accessibility statement. The owner described it as a “shakedown,” and paid thousands to settle quickly. Read more
3) Eyebobs Eyewear: The Tool Made It Worse
Eyewear retailer Eyebobs installed an automated accessibility overlay hoping for fast compliance. Instead, users reported the tool made navigation harder — and the company was sued. They settled and then spent more on expert-led accessibility work. Read more
Why Small Businesses Get Targeted
- No in-house legal team. You’re hiring from scratch, under a deadline.
- No accessibility-trained developers on call. Rushed fixes cost more and miss details.
- Grey area. There’s no “100% compliant” website; WCAG evolves and interpretations vary, which keeps the lawsuit pipeline flowing.
The Hidden Cost of Being Unprepared
- Emergency pricing: Premium rates for legal and development support under time pressure.
- Incomplete fixes: Hasty changes may leave barriers, inviting future letters.
- Stress-driven settlements: Owners overpay simply to end the uncertainty.
How the DAPEN® Defense Fund Protects You
The DAPEN® Defense Fund gives small businesses the readiness big companies enjoy — without the corporate budget:
- Attorney-drafted response: A licensed lawyer replies within the deadline on your behalf.
- Targeted remediation: Developers fix the exact issues cited in the letter.
- Predictable cost: Avoid the $5,000+ panic spend caused by last-minute hiring.
Next Steps
- Join the DAPEN® Defense Fund to lock in rapid-response legal and technical help before a letter arrives.
- Publish or update your Accessibility Statement.
- Run a quick audit and address high-impact issues (alt text, contrast, labels, keyboard access, captions).
Join the DAPEN Defense Fund for legal response and targeted website fixes if you receive an ADA demand letter.