Updated March 2025 with additional information about the UserWay lawsuit.
ZAG previously shed some light on the limitations of accessibility overlays in December 2021. Fast-forward to 2025, and the topic remains as pressing as ever.
Recent events have underscored the pitfalls of relying on automated overlay solutions to achieve web accessibility compliance, with the Federal Trade Commission (FTC) taking decisive action against accessiBe, a popular overlay provider, for deceptive practices. Additionally, a class-action lawsuit was filed against another major overlay provider, UserWay, further emphasizing the growing legal risks associated with these solutions. This serves as a critical reminder for businesses, organizations and institutions to rethink their approach to accessibility. Here’s why relying on overlays is problematic and what instead should be done to achieve genuine inclusivity.
The FTC’s Action Against accessiBe
In January 2025, the FTC proposed a $1 million fine on accessiBe, citing deceptive claims about its AI-powered product’s ability to make websites fully compliant with the Web Content Accessibility Guidelines (WCAG). The investigation revealed that accessWidget—the company’s flagship product—failed to deliver on its promise of complete accessibility.
The FTC’s ruling was a landmark decision, reinforcing the idea that automated solutions alone cannot address the complexities of web accessibility. It’s a wake-up call for businesses to scrutinize the claims of overlay providers and to avoid viewing accessibility as a box to check off with a single, low-cost tool.
UserWay Class-Action Lawsuit
Aside from the FTC’s action against accessiBe, BloomsyBox, an online flower delivery service, filed a class-action lawsuit against UserWay, another prominent overlay provider, for deceptive claims regarding its product’s ability to ensure website accessibility. BloomsyBox had implemented UserWay’s overlay solution, believing it would protect them from accessibility-related legal action. However, despite using the overlay, the company faced a lawsuit from a blind individual who was unable to use their website, exposing the overlay’s ineffectiveness.
This lawsuit further underscores the growing skepticism surrounding accessibility overlays. In 2024 alone, over 1,000 lawsuits were filed against companies using overlays, reinforcing the reality that these tools fail to provide the promised legal protection. As legal challenges mount, it becomes even more crucial for businesses to adopt robust, user-centered accessibility practices rather than relying on automated fixes.
Why Accessibility Overlays Fall Short
Despite their marketing claims, accessibility overlays often provide an illusion of accessibility rather than a real solution. Here are some of the ongoing challenges associated with these tools:
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Incomplete Issue Detection: Overlays typically rely on AI and automated processes to identify accessibility issues. However, these tools often detect only 20-30% of problems, leaving the majority unaddressed. This creates a false sense of security for site owners, which may believe they are compliant, when in fact they are not.
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Disruption of Assistive Technologies: Accessibility overlays can interfere with assistive technologies such as screen readers, magnifiers, and keyboard navigation. Instead of enhancing the user experience, these tools may create additional hurdles for individuals with disabilities.
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Legal Risks and Non-Compliance: Overlays are not a substitute for WCAG compliance. In 2023, 30% of website accessibility lawsuits targeted organizations relying on overlays. This was a 60% increase from 2022, as these tools fail to meet the comprehensive requirements of the Americans with Disabilities Act (ADA).
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Exclusion of User Needs: Automated overlays often lack input from real users with disabilities. This oversight can lead to solutions that are technically functional but fail to meet the practical needs of the very audience they aim to serve.
The Myth of a Quick Fix
One of the main reasons businesses, institutions and organizations turn to overlays is the promise of a quick, affordable solution. However, accessibility is not a one-time project, and instead is an ongoing commitment. True inclusivity requires an approach that combines technical expertise, user-centered design, and continuous improvement.
How to Achieve Genuine Accessibility
To move beyond the pitfalls of overlays and toward meaningful accessibility, organizations should adopt the following strategies:
- Conduct Manual Audits: Manual audits performed by accessibility experts provide a thorough assessment of a website’s compliance with WCAG guidelines. Unlike automated scans, manual audits can identify nuanced issues that impact real users.
- Remediate Issues Holistically: Instead of patching problems with an overlay, organizations should address the root causes of inaccessibility. This often involves updating code, redesigning user interfaces, and ensuring compatibility with assistive technologies.
- Incorporate User Feedback: Collaborating with individuals with disabilities during the design and development process ensures that their needs are prioritized. This user-centered approach can lead to more effective solutions.
- Commit to Ongoing Maintenance: Accessibility is not a “set it and forget it” endeavor. Regular updates, testing, and training are essential to maintaining compliance and keeping up with evolving standards.
- Educate Stakeholders: Building a culture of accessibility starts with education. Organizations should train employees, from designers to developers to executives, on the importance of accessibility and how to achieve it.
A Future Beyond Overlays
The FTC’s action against accessiBe is a turning point in the accessibility landscape. It highlights the dangers of relying on oversimplified solutions and the importance of adopting comprehensive, user-centered approaches. While the allure of quick fixes is understandable, site owners must recognize that true accessibility requires investment, empathy, and commitment.
By prioritizing genuine solutions over overlays, businesses can create websites that are not only compliant but also inclusive and welcoming to all users. In doing so, they not only mitigate legal risks but also demonstrate a commitment to equity and social responsibility. The message is clear: accessibility is a journey, not a destination. If you’re looking to work towards website conformance, remember that ZAG is here. Feel free to contact us for help.