Why accessibility overlays don't solve the problem: the FTC ruling on accessiBe
Published: 6 min readThe AccessibleOrNot team
An accessibility overlay (a plugin or widget) is a layer added to a site with one line of JavaScript. It offers settings such as text size and contrast on top of the page, and sometimes claims to "fix" the code automatically in the browser. It doesn't change the site's source code. In April 2025, the US Federal Trade Commission (FTC) ordered accessiBe, a vendor of such a product, to pay $1 million and to stop claiming without evidence that it makes sites WCAG-compliant.
In short
- On 22 April 2025, the FTC finalised an order requiring accessiBe to pay $1 million; the company can't claim without evidence that its product makes a site WCAG-compliant.
- On 17 May 2023, the European Disability Forum (EDF) and IAAP stated that overlays don't make a site accessible or compliant with EU legislation.
- 1,048 accessibility professionals and disabled users have signed the Overlay Fact Sheet.
- Overlays can't reliably fix basic issues such as alt text, form labels, keyboard access and dynamic content.
What is an overlay, and how does it work?
An overlay usually has two parts:
- A toolbar: a menu that opens from an icon in a corner of the page. It offers options such as larger text, contrast changes, stopping animations and a reading guide.
- Automatic fixes: a script that runs in the browser after the page loads and tries to generate missing alt text, give buttons names or add ARIA attributes.
What both have in common: the site's source code stays the same. The problem stays in the template on the server; the overlay tries to cover it up on every visit.
The gap between the promise and reality
| Common promise | Reality | Source |
|---|---|---|
| "Your site becomes compliant with one line of code" | Full compliance can't be achieved with an overlay; it can't repair every issue | Overlay Fact Sheet |
| "AI writes your alt text automatically" | Accurate alt text can't be generated without knowing the image's purpose on the page | Overlay Fact Sheet |
| "A convenience for disabled users" | Overlays can interfere with the user's assistive technology and override their settings | EDF and IAAP |
| "You'll meet EU legislation" | Overlays don't make a site accessible or compliant with EU legislation | EDF and IAAP |
| "Independent reviews recommend us" | According to the FTC, accessiBe presented content it was connected to as independent opinion | FTC |
Source: overlayfactsheet.com, EDF and IAAP, US Federal Trade Commission (FTC)
What did the FTC decide about accessiBe?
The FTC filed its complaint in January 2025 and approved the final order by a 3-0 vote on 22 April 2025. In essence:
- accessiBe must pay $1 million.
- Without supporting evidence, the company can't claim that its automated products make any website WCAG-compliant or keep it compliant over time.
- According to the FTC, the company presented articles and reviews it had a material connection to as the views of independent users or organisations; the order bans this too.
The ruling was made in the US, but it matters in the EU, the UK and elsewhere too: to a regulator, a sales page saying a tool "makes you compliant" is a claim that needs evidence.
What do disability organisations in Europe say?
The European Disability Forum (EDF) and the International Association of Accessibility Professionals (IAAP) published a joint statement on 17 May 2023. Two of its sentences read:
The Overlay Fact Sheet, an independent initiative, had 1,048 signatures as of October 2026. It says overlays can't reliably repair issues such as alt text, form labels, keyboard access and content that changes with JavaScript; that most toolbar features already exist in browsers and operating systems; and that some overlays detect, without consent, that a user is using assistive technology.
Source: EDF and IAAP, overlayfactsheet.com
Why doesn't it work, technically?
- It can't know the meaning. Should a product image's alt text be "red linen shirt, front view", or is the image decorative? The site owner knows. Generated alt text is usually either generic or wrong.
- It can't rewrite behaviour. Fixing a menu that doesn't open with a keyboard, or a pop-up with a focus trap, means changing the component's JavaScript. A script added on top can't do that reliably.
- It clashes with assistive technology. A screen reader user already arrives with their own settings. The overlay's toolbar and the ARIA attributes it adds later can conflict with them.
- The source code stays the same. Before the overlay loads, if it fails to load, or when a search engine or AI agent reads the page, every issue is still there.
In France, the court in Caen did not accept 71% conformance as enough in its June 2026 ruling against Carrefour: "An e-commerce site cannot be somewhat accessible." By that standard, a layer that partly covers a problem isn't enough either.
Source: overlayfactsheet.com, EDF and IAAP, Faire Face
What should you do instead of an overlay?
- Find the issues: an automated scan and a short manual test. We explain the limits of automated testing in this post.
- Fix them at the source: in the theme template, the component or the product content. Steps by platform are in our checklists.
- Trust user settings: text enlargement, contrast and reduced motion already exist in browsers and operating systems. Making sure your site doesn't break with these settings is worth more than a separate toolbar.
- Publish an honest statement: say what you have fixed, what is still open and how users can reach you. You can draft one in 5 languages with the statement generator.
- Monitor regularly: every update can bring new issues.
If you already use an overlay, test how your site works with the overlay turned off before you remove it. If the list of issues is the same, what you are paying for is a toolbar.
Frequently asked questions
If I install an accessibility plugin, will I meet the EAA or other laws?
No. The EAA, and laws like it, look at the site itself. EDF and IAAP have stated clearly that overlays don't make a site compliant with EU legislation.
What penalty did the FTC impose on accessiBe?
Under the order finalised on 22 April 2025, accessiBe must pay $1 million and can't claim without evidence that its product makes sites WCAG-compliant.
Are overlays of no use at all?
The toolbar may be convenient for some users, but most of the same features already exist in browsers and operating systems. The problem starts when an overlay is used instead of fixing the errors in the site's code.
Do overlays pose a personal data risk?
According to the Overlay Fact Sheet, some overlays can detect without consent that a user is using assistive technology, which is data about their disability. Ask your own lawyer about this under the GDPR (or KVKK in Türkiye).
Sources
- FTC Approves Final Order Requiring accessiBe to Pay $1 Million · US Federal Trade Commission (FTC) · 22 April 2025
- Accessibility overlays don't guarantee compliance with European legislation · EDF and IAAP · 17 May 2023
- Overlay Fact Sheet · overlayfactsheet.com · 1,048 signatures as of October 2026
- Caen court ruling against Carrefour (in French) · Faire Face · 11 June 2026
Related articles
What does your site look like with the overlay off?
Enter your URL. We list the issues in your source code that can be found automatically, with page, element and WCAG criterion, and give you a manual checklist for the rest.