On 22 April 2025, the US Federal Trade Commission announced a settlement with AccessiBe: USD 1 million in civil penalty, plus an injunction to stop all advertising claiming its overlay produces ADA compliance. It's the first time a regulator has hit a vendor of "compliance in one click" in the wallet.
The central grievance
AccessiBe sold, at around $49/month, the promise of "ADA compliance in one click". The FTC investigation showed two things: the tool didn't produce the advertised compliance, and the company was in a position to know it. Double harm: merchants misled about what they were buying, and users with disabilities sent to sites that were still inaccessible, falsely labelled compliant.
Why an overlay can't keep that promise
An overlay is a JavaScript script that modifies the DOM on the surface: contrast, font size, text-to-speech. It doesn't rewrite a relevant alt, doesn't fix a funnel that isn't keyboard-navigable, doesn't repair a modal with no focus management. Yet those are exactly the points that fail an audit. The promise of automating 100% of compliance is, structurally, untenable.
Why it matters for the EAA
The FTC's argument is transposable almost word for word to the European context. A vendor — or a merchant — that displays RGAA compliance produced by an overlay exposes itself to the same logic: the classic RGAA sanction on the accessibility side, AND risk on the ground of misleading commercial practices for the deceptive claim. The overlay doesn't remove the risk, it adds a second one.
⚠ To check on your side
If your site displays an "Accessibility Statement: Compliant" auto-generated by a widget, that's exactly the kind of claim the FTC sanctioned. This statement doesn't survive an adversarial audit, and it legally binds you.
You already have an overlay: what to do?
- 01Disable the automatic compliance statement shown in the footer
- 02Run a real audit to learn your true level of compliance
- 03Publish an honest statement (partial, with a plan) instead of the widget's self-declaration
- 04Fix the non-conformities at the source, in the code, not on the surface
Frequently asked questions
Are all overlays concerned?
The "automatic compliance in one click" model is the common target. Products that honestly present themselves as partial aids (and not as a path to compliance) are on different ground — but no overlay replaces a code fix.
Can an overlay worsen my accessibility?
Yes, it's documented: some overlays interfere with users' own screen readers, which already have their own settings. Instead of helping, the script can conflict with the native assistive technology.
Does the US decision carry weight in Europe?
No direct legal value, but value as an argument: it publicly establishes that an overlay doesn't produce the promised compliance. European associations and authorities draw on it in their own cases.
Learn your true level of compliance, without the illusion of an overlay:
→ Run an audit