Guide · Shopify
Got an ADA demand letter for your Shopify store? What to do
Updated
This is not legal advice, and the first step is a lawyer. Call a lawyer who handles ADA or business law before you reply to the letter, pay anything or change anything. VibeFix is not a law firm. Everything below is general information.
Short answer: an ADA demand letter is a letter sent to you. It is not a court filing, so it is not the same as a lawsuit. It may name problems on your website and may set a date for you to respond. Read it, note the date, keep everything, and get a lawyer to look at it as soon as you can, because the date may be close. Ask your lawyer whether and when to look into what is wrong in your theme, so they are working from facts.
Want us to check your store? Send your store link to [help@vibe-fixer.com](mailto:help@vibe-fixer.com) and we'll send your free accessibility report within one business day. It is an automated, read-only check of your store's public homepage, not a full audit with a person testing by keyboard and screen reader. It tests only what software can test of WCAG 2.0 and 2.1, Levels A and AA. It doesn't test the newer WCAG 2.2 criteria, such as target size. It finds some issues, not all of them. The report is not legal advice.
What is a demand letter, and how is it different from a lawsuit?
A demand letter is a letter or email. By itself it is not a court filing. A lawsuit is different. The U.S. federal courts say: "A civil action begins when a party to a dispute files a complaint, and pays a filing fee required by statute" (U.S. Courts, Civil Cases).
So a letter and a filed case are two different things. Check whether your letter came with court papers. If you have already been served with court papers, read Shopify store sued over website accessibility: what to do this week and call your lawyer today. Court papers carry their own deadlines, and a lawyer needs to see them at once.
Does the ADA apply to an online store?
The U.S. Department of Justice says: "Title III prohibits discrimination against people with disabilities by businesses open to the public" (the sentence continues). It also says that since 1996 it "has consistently taken the position that the ADA applies to web content" (ADA.gov, Guidance on Web Accessibility and the ADA).
The ADA's enforcement section (42 U.S.C. 12188) covers both private persons and the Attorney General. A separate section (12205) says a court, in its discretion, may allow the prevailing party, other than the United States, "a reasonable attorney's fee" (ADA text on ADA.gov). Whether the ADA applies to your store, and whether a particular letter has merit, are questions for your lawyer, not for this page.
What to do, in order
- Get a lawyer. Send them the whole letter. Do not reply yourself first.
- Write down the deadline. The date in the letter is set by whoever wrote it. Tell your lawyer the day you receive it. Whether a deadline is binding, and what it means, is a legal question for them.
- Do not ignore it. Pass it to your lawyer even if you think it is wrong or unfair. Your lawyer decides how and when to respond.
- Keep records. Save the letter, the envelope or email with its date, and every message after it. Take dated screenshots of the pages it names, as they look today. Note the date you received it.
- Ask your lawyer before you look into the problems. The letter may list pages or problems. Ask your lawyer whether and when to check them, and whether to get any outside report, before you order or share one. See the next section.
Finding and fixing the problems
Do this part only after your lawyer says it is fine.
The DOJ's web guidance lists examples of ways to make web content accessible, such as color contrast in text, text alternatives ("alt text") for images, labels and keyboard access on forms, headings, and keyboard and mouse navigation (ADA.gov web guidance). It also points to WCAG as helpful guidance.
On a Shopify store, those usually mean:
- Alt text on product and theme images (Shopify admin and theme editor). Product alt text is edited on the product itself, not in a theme copy, so ask your lawyer before changing it.
- Contrast, focus outlines, keyboard use of the menu, size picker and cart drawer (theme code).
- Form labels on contact and newsletter forms (theme code).
Do not edit your live theme while you sort this out. In your Shopify admin, go to Online Store, then Themes, open the three-dot menu next to your theme, and choose Duplicate (Shopify, duplicating themes). Fix on the copy and preview it. Ask your lawyer before you publish it to your live store.
Be careful with automated tools. The DOJ says: "A 'clean' report does not necessarily mean everything is accessible," and suggests pairing a manual check with automated checkers (ADA.gov web guidance). Fixing issues does not settle a letter or a claim. How to respond stays with your lawyer.
FAQ
Is a demand letter the same as being sued?
Not by itself. A lawsuit begins when a complaint is filed with a court (U.S. Courts). A demand letter is a separate letter to you. Ask your lawyer which one you have.
Can I just fix the site and not answer?
Please do not decide that alone. Talk to a lawyer first. Fixes are useful, but how to respond to the letter is a legal decision.
Should I install an accessibility widget?
A widget loads in each visitor's browser and changes the page there. It does not change your theme's files. The DOJ says overlays "can be helpful tools" but that they "need to be used carefully" (ADA.gov web guidance). See Accessibility widget vs a real fix.
How VibeFix works on a store
Once you choose to go ahead and connect your store, our AI agent works through the issues in your report on an unpublished copy of your theme. We review each change before you preview it, and you publish it yourself. Nothing goes live until you do. The report lists anything still open. How it works for Shopify stores
Want us to check your store?
Send your store link to [help@vibe-fixer.com](mailto:help@vibe-fixer.com) and we'll send your free accessibility report within one business day. It is an automated, read-only check of your store's public homepage, not a full audit with a person testing by keyboard and screen reader: we don't sign in, submit anything or change anything. It tests only what software can test of WCAG 2.0 and 2.1, Levels A and AA. It doesn't test the newer WCAG 2.2 criteria, such as target size. It finds some accessibility issues, not all of them. The report is not legal advice.
Related: Shopify store sued over website accessibility: what to do this week
This page is general information, not legal advice. VibeFix is independent and is not affiliated with any company named here. Shopify is a trademark of Shopify Inc. Other names are trademarks of their owners.
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