The FTC’s $1M Wake-Up Call to accessiBe: Why Accessibility Overlays Are Failing Us

A colorful and abstract digital artwork depicting a judge's gavel. The gavel is stylized with splashes of vibrant paint in shades of yellow, green, blue, purple, orange, and black, creating a dynamic, graffiti-like effect. The background is a chaotic blend of splattered colors, giving the image an energetic and bold appearance

As someone who uses assistive technology on a daily basis, I understand the value of true accessibility. Overlays purport to perform magic, but instead simply render many websites unusable, particularly for people with screen readers or those using other assistive devices. That’s why the recent $1 million Federal Trade Commission fine against accessiBe is not just a headline — it’s a landmark moment for digital accessibility.

The Federal Trade Commission revealed accessiBe’s deceptive practices, which included paying reviewers to talk about its products. Samuel A.A. Levine, the director of the F.T.C.’s Bureau of Consumer Protection, said in the statement, “Companies seeking assistance to make their websites [accessibility] compliant need to be able to trust that products do what they promise.” When they fail to do so, everyone loses — and so does the disability community.

Advocacy groups have been ringing the alarm for years. National Federation of the Blind condemned accessiBe’s business practices as “disrespectful and misleading” and more than 400 accessibility advocates signed an open letter imploring businesses to abandon automated overlays. And the risks for companies? Huge. In 2021, over 400 organizations utilizing accessibility widgets were sued over non-compliance with accessibility standards.

This isn’t just about the failings of one company; we need to rethink our whole approach to accessibility in the digital age. You might think overlays are the solution, but the reality is, there are no shortcuts to inclusion. Real accessibility is the result of audits, user testing with people who have disabilities and compliance with WCAG standards. It’s not just about keeping away from lawsuits — it’s about building an internet that benefits everyone.

The FTC’s action should be a wake-up call. Convenience should not come at the expense of inclusion, transparency, and accountability — so it’s time for businesses to prioritize it.

FTC orders AI accessibility startup accessiBe to pay $1M for misleading advertising

Why ADA Compliance Doesn't Always Mean Accessibility

Wheelchair users are seen in the Rose Garden at the White House as President Biden delivers remarks during an ADA celebration.

For the vast majority of my life I've navigated the intricate maze of the Americans with Disabilities Act (ADA). Designed to ensure equal access for all, the ADA has been instrumental in ensuring the rights of disabled people. Yet, in practice, the reality often falls short of the promise. Julie Reiskin, a fellow wheelchair user, captured this sentiment perfectly, telling USA TODAY, "It would be really nice if I could look at a website and have reliable information."

This disparity between expectation and reality isn't just about websites. It extends to physical spaces too. For instance, booking an ADA-compliant hotel room might promise a slightly bigger bathroom, but what's the use if I can't even enter the room due to a heavy door or lack of actuators? This isn't just an inconvenience; it's a barrier that hinders true accessibility.

My personal experiences mirror those of many others in the disability community. Just this summer, I voiced my concerns about a local Starbucks, a place I've frequented for nearly a decade. Their response? They were "in compliance with the ADA." But true access goes beyond mere compliance. Deborah Laufer's journey, involving over 600 cases filed for similar reasons, and now a pending Supreme Court of the U.S. case remarked, "I sometimes ended up sleeping in my car because I could not get an accessible room at a hotel."

The crux of the matter is that the ADA should be viewed as a starting point, not the end goal. True accessibility and inclusion mean going beyond the minimum requirements. As Shira Wakschlag of The Arc of the United States emphasized to Disability Scoop, "ADA testers are essential to ensuring the rights of people with disabilities are enforced and protected."

In our quest for a more inclusive world, let's not just aim for the floor; let's reach for the ceiling. Let's not just be compliant; let's be truly accessible.

Following the Supreme Court overturning of affirmative action earlier this summer, many disability advocates, myself included, expressed concerns about the ADA being next on the chopping block. Sadly, it looks as though our fears were not unfounded.

I invite you to join the conversation, share your experiences, and together, let's push for a world where accessibility is not just a legal requirement but a heartfelt commitment.

'Sleeping in my car.' This Supreme Court case could change how disabled Americans book hotel rooms