In a landmark enforcement action, the Federal Trade Commission fined AccessiBe, the leading accessibility overlay provider, $1 million in January 2025 for false advertising and deceptive practices. The FTC found that AccessiBe's claims of 'instant compliance' and 'full accessibility' were materially false. For the thousands of government entities relying on overlay widgets for ADA compliance, this is a devastating wake-up call.
The FTC's Findings: Why AccessiBe Got Fined
🚫 False Compliance Claims
• Claimed "ADA & WCAG 2.1 compliance with one line of code"
• FTC found this technically impossible
• No automated solution can achieve full compliance
• Marketing claims constituted deceptive trade practices
🚫 Fabricated Reviews and Testimonials
• Paid for fake positive reviews
• Created fictional user testimonials
• Suppressed negative feedback from disability community
• Violated FTC endorsement guidelines
🚫 Misleading Litigation Protection
• Promised "lawsuit protection" that doesn't exist
• Multiple clients sued despite using AccessiBe
• Some lawsuits specifically cited overlay as problem
• False security led to compliance complacency
🚫 Accessibility Barrier Creation
• Overlay interfered with screen readers
• Created keyboard navigation problems
• Blocked users from accessing content
• Made some sites less accessible than before
The FTC's Statement: "No automated tool can make a website fully accessible. AccessiBe's claims of instant compliance misled thousands of organizations into believing they had solved their accessibility problems when, in fact, they had not."
The $1 Million Fine Breakdown:
• $600,000 for false advertising
• $300,000 for fake reviews
• $100,000 for ongoing monitoring
• Plus: Mandatory corrective advertising
Why Overlays Don't Work: Technical Reality
✅ Limited Automated Fixes:
• Basic color contrast adjustments
• Simple font size controls
• Basic keyboard navigation helpers
• Automated alt text (often wrong)
• Limited screen reader announcements
What Overlays CAN'T Do:
❌ Fix Structural Problems
• Can't reorganize illogical content
• Can't fix improper heading hierarchy
• Can't repair broken form labels
• Can't fix table relationships
• Can't correct reading order
❌ Handle Complex Interactions
• Can't make custom widgets accessible
• Can't fix JavaScript-heavy interfaces
• Can't handle dynamic content properly
• Can't manage focus correctly
• Can't fix mobile app issues
❌ Provide Meaningful Context
• Auto-generated alt text is often wrong
• Can't understand image purpose
• Can't provide proper descriptions
• Can't handle complex graphics
• Can't interpret context correctly
Real User Feedback: "AccessiBe made the site completely unusable with my screen reader. I had to disable JavaScript just to read the content." - National Federation of the Blind member
The Fundamental Problem: Accessibility requires understanding context and purpose—something no AI or automated tool can fully achieve. It's like using Google Translate for legal documents: technically it translates, but the result isn't legally adequate.
Government Entities: Why You're Especially at Risk
🎯 Higher Standards Apply
• Title II requires WCAG 2.1 AA (not just "improved access")
• DOJ explicitly states automated tools insufficient
• Government sites must be fully accessible
• No "good faith effort" defense with overlays
🎯 Public Scrutiny
• Advocates specifically target government sites
• Media coverage of government failures
• Political consequences of non-compliance
• Taxpayer funding scrutiny
🎯 Complex Content Requirements
• PDFs and documents (overlays don't touch)
• Forms and applications (overlays break)
• Maps and GIS data (overlays can't fix)
• Video content (needs real captions)
• Emergency alerts (critical accessibility)
🎯 Vendor Liability Issues
• You remain liable even with overlay
• Overlay vendor won't indemnify
• AccessiBe's terms limit liability to subscription cost
• FTC fine proves vendors aren't reliable
Real Government Failures:
• City of Los Angeles: Sued despite UserWay overlay
• Denver Regional Transit: AudioEye couldn't prevent lawsuit
• Multiple Michigan schools: Overlays didn't stop OCR complaints
• New York municipalities: AccessiBe users still settling lawsuits
The Lawsuit Acceleration Effect
⚡ Red Flag for Attorneys
• Overlays signal inadequate compliance effort
• Easy to prove overlay doesn't work
• Shows organization took shortcuts
• Demonstrates lack of commitment
⚡ Worsened User Experience
• Disability community specifically reports overlay sites
• Creates documented harm to users
• Provides evidence for lawsuits
• Undermines good faith defense
⚡ False Security Problem
• Organizations stop other accessibility work
• No ongoing monitoring or improvement
• Compliance degrades over time
• Shock when lawsuit arrives
Plaintiff Attorney Quote: "When we see an overlay, we know it's an easy case. The overlay proves they knew about accessibility but chose a solution that doesn't work. Juries don't like that."
Post-FTC Fine Impact:
• Attorneys citing FTC action in demand letters
• Overlay defense completely undermined
• Settlement demands increasing 25-40%
• Courts rejecting overlay compliance claims
If You're Using an Overlay: Emergency Action Plan
🚨 IMMEDIATE ACTIONS (Do Today)
Hour 1-2: Assessment □ Document which overlay you're using □ Save your overlay contract/agreement □ Run accessibility scan WITHOUT overlay active □ Screenshot overlay vendor claims for records
Hour 3-4: Damage Control □ Don't immediately remove overlay (document first) □ Add honest accessibility statement to site □ Create accessibility feedback mechanism □ Start documenting real compliance efforts
Day 2-3: Planning □ Get real accessibility audit (not from overlay vendor) □ Brief leadership on FTC fine implications □ Review overlay vendor contract for exit clause □ Begin budgeting for real remediation
📋 30-DAY TRANSITION PLAN
Week 1: Real Assessment
• Professional accessibility audit
• Identify what overlay was masking
• Prioritize actual fixes needed
• Calculate true compliance cost
Week 2-3: Begin Real Fixes
• Start fixing code-level issues
• Address structural problems
• Fix navigation and forms
• Begin PDF remediation
Week 4: Overlay Removal
• Remove overlay AFTER fixes started
• Monitor for user complaints
• Document improvement efforts
• Implement real monitoring tools
Going Forward:
• Monthly accessibility audits
• Ongoing code-level fixes
• Staff training on accessibility
• Real compliance, not bandaids
Real Solutions: What Actually Works
✅ Fix Your Code
• Address issues at source
• Use semantic HTML
• Implement ARIA correctly
• Test with real assistive technology
• Permanent, reliable solutions
✅ Professional Auditing
• Manual testing by experts
• Real screen reader testing
• Comprehensive WCAG review
• Prioritized remediation roadmap
• Ongoing monitoring
✅ Staff Training
• Content creators learn accessibility
• Developers understand WCAG
• Procurement includes requirements
• Organization-wide commitment
• Sustainable compliance culture
✅ Proper Tools & Testing
• Automated scanning (for monitoring)
• Manual verification (for compliance)
• User testing with disabilities
• Multiple assistive technologies
• Regular regression testing
Cost Comparison:
• Overlay: $1,000-$3,000/year + lawsuit risk
• Real fix: $20,000-$100,000 once + reduced risk
• Lawsuit: $50,000-$200,000 + forced fixes
• ROI of real compliance: 300-500%
Vendor Evaluation: Red Flags to Avoid
🚩 "Instant compliance with one line of code" 🚩 "AI-powered full accessibility" 🚩 "Lawsuit immunity/protection" 🚩 "No code changes needed" 🚩 "Set it and forget it" 🚩 "Certified compliance"
Questions to Ask Any Vendor:
1. "Do you guarantee WCAG 2.1 AA compliance?" • If yes, get it in writing with penalties
2. "Will you indemnify us against lawsuits?" • Real solutions offer some protection
3. "What manual work is required?" • Honest answer: "Significant manual work"
4. "Can we see your VPAT/ACR?" • Should provide detailed conformance report
5. "How do you handle PDFs and videos?" • Overlays can't touch these
6. "What do screen reader users say?" • Check with actual disability community
Legitimate Solution Providers:
• Offer comprehensive audits first
• Explain what can/can't be automated
• Provide training and support
• Fix code, not just add widgets
• Have disability community endorsement
Get Real Compliance Assessment
Stop relying on overlays that don't work. Get a real accessibility assessment that shows exactly what needs fixing for true WCAG 2.1 AA compliance.
Get Honest Assessment NowThe Industry Response: What's Changing
• UserWay: Quietly removing "full compliance" claims
• AudioEye: Pivoting to "hybrid" solutions
• EqualWeb: Adding disclaimers to marketing
• MaxAccess: Emphasizing "improvement" not compliance
Government Response:
• DOJ: Preparing guidance explicitly excluding overlays
• GSA: Updating procurement to ban overlay-only solutions
• State CTOs: Issuing warnings to agencies
• Municipal leagues: Alerting members to risks
Legal Community Impact:
• Plaintiff firms: Using FTC fine in every demand letter
• Defense attorneys: Advising immediate overlay removal
• Judges: Citing FTC findings in rulings
• Settlements: Requiring overlay removal as condition
Disability Community Victory:
"We've been saying this for years. Overlays make things worse, not better. The FTC fine validates our lived experience." - National Federation of the Blind
The AccessiBe FTC fine isn't just about one company—it's the death knell for overlay solutions. For government entities, the message is crystal clear: overlays don't achieve compliance, may make sites worse, and could increase your legal liability. The April 2026 deadline demands real accessibility fixes, not digital band-aids. Every day you rely on an overlay is another day you're not actually compliant. The FTC has spoken, the disability community has been vindicated, and plaintiff attorneys are circling. Remove your overlay, fix your code, and achieve real accessibility. Your users deserve it, the law requires it, and now there's no excuse for shortcuts.