accessiBe FTC Fine: Why Accessibility Overlays Don't Work

In January 2025, the Federal Trade Commission (FTC) fined accessiBe $1 million for making false claims about their accessibility overlay widget. The settlement sent shockwaves through the web accessibility industry—but for those paying attention, it wasn't surprising.

Here's the uncomfortable truth: 25% of ADA lawsuits target websites that already use accessibility overlays.

If you're relying on an overlay widget to protect your website, you need to read this.

What Happened: The accessiBe FTC Fine

The FTC found that accessiBe made deceptive claims about their automated overlay product, including:

❌ Claiming their widget makes websites "fully ADA compliant" in under 48 hours
❌ Marketing it as a complete solution that eliminates legal risk
❌ Suggesting it replaces the need for manual accessibility work
❌ Implying endorsement or certification from disability advocacy groups

The $1 million settlement included requirements to:

Stop making unsubstantiated compliance claims
Clearly disclose limitations of automated tools
Refrain from misrepresenting legal protection

Why it matters: This was the first major regulatory action against an accessibility overlay vendor, setting a precedent for the entire industry.

What Are Accessibility Overlays?

Accessibility overlays are JavaScript widgets that claim to make websites accessible with a single line of code. They typically add:

A toolbar icon in the corner of the page
Options to adjust text size, contrast, or spacing
Automated "fixes" injected via JavaScript

Popular overlay vendors include:

accessiBe
AudioEye
UserWay
EqualWeb
Essential Accessibility

The pitch is tempting: instant compliance for $50/month. But the reality is far different.

Why Automated Overlays Don't Work

1. They Can't Fix the Underlying Code

Accessibility isn't about surface-level tweaks—it's about semantic HTML structure. Overlays can't fix:

Missing form labels
Improperly nested headings
Lack of ARIA landmarks
Broken keyboard navigation
Non-descriptive link text

Example: If your site has a button labeled "Click Here," an overlay can't automatically know it should say "Download 2025 Tax Form." It would need to understand context—which automated tools cannot do reliably.

2. They Break User Preferences

Many people with disabilities already use assistive technology configured to their needs:

Custom screen reader settings
Browser extensions
Operating system accessibility features
Personalized keyboard shortcuts

Overlays override these preferences, often making the experience worse. It's like someone rearranging your desk every morning because they think it's more organized.

3. They Create New Barriers

Ironically, accessibility overlays themselves can introduce violations:

Modal dialogs that trap keyboard focus
Auto-play audio announcements
Non-standard controls screen readers don't recognize
Performance issues from heavy JavaScript

A 2021 study by WebAIM found that sites with overlays had more accessibility errors on average than those without.

4. They Don't Prevent Lawsuits

Here's the data that matters:

25% of ADA lawsuits are filed against websites using accessibility overlays.

Plaintiffs' attorneys are specifically targeting overlay users because:

The overlay's presence proves you're aware of accessibility requirements
The underlying violations remain (easy to demonstrate)
The overlay's marketing claims can be used as evidence of negligence

One prominent plaintiff's law firm maintains a public list of overlay-using websites to target.

The Overlay Legal Risk Timeline

Let's walk through what typically happens:

Month 1: Installation

You add an overlay widget. The marketing promised "ADA compliance in 48 hours." You feel protected.

Month 6: False Confidence

Your site still has dozens of WCAG violations, but the overlay toolbar is visible. You think you're covered.

Month 12: Demand Letter

A law firm sends a demand letter citing specific violations—missing alt text, keyboard traps, poor contrast—all still present despite the overlay.

Month 15: Settlement

You pay $10,000-$30,000 to settle, plus attorney fees. You also agree to:

Remove the overlay
Conduct a proper accessibility audit
Implement real fixes
Provide ongoing testing

Total cost: $40,000-$100,000 and 6-12 months of remediation work you could have done upfront.

What Disability Advocates Say

The National Federation of the Blind (NFB) issued a strong statement:

"Overlays are not a substitute for accessible design. They represent a fundamental misunderstanding of how people with disabilities use the web."

The National Association of the Deaf (NAD) added:

"Automated solutions cannot address the full range of accessibility barriers. Manual testing and proper development practices are essential."

Over 800 accessibility professionals signed an open letter titled "Overlay Fact Sheet" calling for the industry to:

Stop misleading claims
Educate website owners on real solutions
Focus on fixing source code, not band-aids

What Actually Works: Real Accessibility

Real accessibility means fixing your website's code—not masking problems with JavaScript. Here's the honest approach:

Step 1: Audit Your Current State

Use a scanning tool (like AccessiGuard) to identify violations. Automated scans catch 30-40% of issues—enough to get started.

Why AccessiGuard is different:

✅ We're a scanner, not a widget
✅ We tell you what's broken and how to fix it
✅ We don't claim to make you compliant automatically
✅ We're honest about what automation can and can't do

Step 2: Fix the Source Code

Address violations in your HTML, CSS, and JavaScript:

<!-- ❌ Before: Overlay tries to "fix" this -->
<div onclick="submitForm()">Submit</div>

<!-- ✅ After: Actually accessible -->
<button type="submit">Submit Application</button>

Step 3: Manual Testing

Have real people test:

Keyboard-only navigation (unplug the mouse)
Screen reader experience (NVDA, JAWS, VoiceOver)
Voice control (Dragon NaturallySpeaking)
Magnification tools

Step 4: Ongoing Monitoring

Accessibility isn't one-and-done:

New content gets added
Updates break things
Standards evolve

Use tools like AccessiGuard to monitor continuously and catch regressions.

Step 5: Training and Culture

Train your team:

Content editors: writing alt text, proper headings
Developers: semantic HTML, ARIA, keyboard support
Designers: color contrast, focus indicators
QA: testing procedures

The Honest Alternative: AccessiGuard

We built AccessiGuard because we were tired of dishonest marketing in the accessibility space.

What we do:

✅ Scan your site for WCAG violations
✅ Provide specific fix guidance (not generic advice)
✅ Track improvements over time
✅ Help you actually become accessible

What we don't do:

❌ Claim instant compliance
❌ Inject widgets that "fix" your site
❌ Promise legal protection
❌ Mislead you about what's possible

Our Approach

Free Scan: Get your baseline compliance score in 30 seconds
Fix Recommendations: AI-powered guidance for each violation
Monitor Progress: Scheduled scans track improvements
Email Reports: Share with stakeholders

Pricing: $19-99/month based on site size. No contracts, cancel anytime.

Red Flags: How to Spot Overlay Snake Oil

If a vendor says any of these, run:

🚩 "Become ADA compliant in 48 hours"
🚩 "One line of code = full compliance"
🚩 "Legal protection guarantee"
🚩 "AI solves all accessibility problems"
🚩 "No need for manual testing"
🚩 "Endorsed by disability groups" (without proof)

Green flags (what to look for instead):

✅ "We help you identify issues"
✅ "Manual testing is essential"
✅ "Ongoing effort required"
✅ "We can't guarantee legal immunity"
✅ "Let's fix your source code"

Case Study: Removing an Overlay

Company: Mid-size SaaS (10,000 users)
Previous solution: accessiBe overlay ($500/month)
Problems:

Still had 87 WCAG violations
Received demand letter from law firm
Overlay broke keyboard navigation in their app

What they did:

Removed the overlay
Ran AccessiGuard scan (found 87 issues)
Fixed critical violations (forms, navigation, alt text)
Implemented testing process
Set up monthly monitoring

Results:

Violations down from 87 → 12 (in 60 days)
Demand letter resolved without lawsuit
Better user experience overall
Ongoing cost: $49/month vs. $500/month

Frequently Asked Questions

Q: Are ALL overlays bad?

A: Overlays that let users customize their experience (text size, contrast, etc.) can be helpful if the underlying site is already accessible. But they're not a substitute for proper development.

Q: What if I already paid for an overlay?

A: Run an independent accessibility scan. If you have violations, you're still at risk. Consider transitioning to a fix-focused approach.

Q: Will I get sued if I use an overlay?

A: Not necessarily, but data shows 25% of lawsuits target overlay users. It doesn't provide the protection vendors claim.

Q: How long does real accessibility take?

A: For a typical small business site: 2-4 weeks for initial fixes, then ongoing maintenance. It's not instant, but it's permanent.

Q: What about AudioEye and UserWay?

A: They face the same fundamental limitations. The FTC settlement was about accessiBe, but the problems apply to all overlay-first solutions.

The Bottom Line

The accessiBe FTC fine was a wake-up call: there are no shortcuts to accessibility.

Overlays prey on fear and promise easy solutions to hard problems. But accessibility is about inclusive design, not JavaScript band-aids.

If you want to:

Actually serve disabled users
Reduce legal risk
Build a better website

Then skip the overlays and do the work.

Ready to see where your site really stands?

Run a free AccessiGuard scan in 30 seconds: accessiguard.app

No widgets. No false promises. Just honest accessibility scanning.

Or sign up for ongoing monitoring and detailed fix guidance: Get Started