The US Federal Trade Commission has proposed a $1 million fine against accessiBe, accusing the company of exaggerating the capabilities of its web accessibility tool and misleading customers with sponsored endorsements.
Key points
- Misrepresented capabilities: The FTC says accessiBe’s tool accessWidget cannot deliver “fully automated” compliance with the Americans with Disabilities Act (ADA) or Web Content Accessibility Guidelines (WCAG).
- Paid reviews: Regulators allege accessiBe sponsored endorsements that appeared independent and impartial, misleading potential customers.
The FTC has proposed a $1 million penalty and restrictions on future advertising. The Commission accuses accessiBe of overstating its product’s capabilities and failing to disclose that their product alone cannot address all accessibility barriers.
Contrary to accessiBe’s promises, in a number of instances accessWidget fails or has failed to make basic and essential website components … compliant with WCAG and accessible to persons with disabilities.
FTC Complaint – Paragraph 9
What the FTC found
Overstated product capabilities
accessiBe marketed its software as a “fully automated” route to compliance, which regulators say was “false or misleading.”
Based on manual testing, websites installed with accessiBe across a variety of industries […] fail or have failed to satisfy Level A and AA WCAG Success Criteria.
FTC Complaint – Paragraph 78
Alleged misleading paid reviews
The FTC stated accessiBe sponsored positive reviews that were presented as unbiased. This practice reportedly misled buyers into believing the product performed better than it did.
accessiBe engaged in a campaign to place third-party articles that appeared to be reviews from impartial and unbiased authors when, in fact, accessiBe paid for those reviews and […] reviewed or edited their content before the reviews were published.
FTC Complaint – Paragraph 69
accessiBe’s internal testing revealed accessibility errors
accessiBe’s own testing reportedly uncovered persistent issues with its own product:
During these manual tests of websites with accessWidget, accessiBe’s own testers identified errors on nearly all websites tested. These errors included issues with navigation, menus, carousels, and tables, and inaccurate labels, roles, and alt text.
FTC Complaint – Paragraph 88
Proposed settlement terms
- $1 million fine
- Advertising restrictions: accessiBe must stop claiming its AI tool alone can deliver “full” or “instant” compliance
- Disclosure requirements: The company must warn customers that additional work may be needed to ensure a website is genuinely accessible
Under standard procedure, the proposed Order goes on public record for a 30-day comment period before it becomes final.
Why this matters
- Website owners: Purely automated overlays can give a false sense of security, leaving accessibility barriers unresolved.
- Individuals with disabilities: Overlays can perpetuate exclusion when site owners incorrectly believe they’ve achieved compliance.
- Regulatory landscape: The FTC’s action signals heightened scrutiny for misleading “accessibility” claims and underscores the importance of transparency and evidence.
References
Further reading and reports:
- FTC orders AI accessibility startup accessiBe to pay $1M for misleading advertising – TechCrunch
- Beware of AI Accessibility Promises: US Federal Agency Fines an Overlay Company One Million Dollars – Law Office of Lainey Feingold
- FTC catches up to #accessibe – Adrian Roselli
Free accessibility learning resources
- The Ultimate Guide to Web Accessibility – Silktide
- The WCAG Standard (WCAG for Beginners) – Silktide
- Free accessibility checker – Silktide
- Learn accessibility with cats – free video resources – Silktide
If you have any questions about web accessibility, we’re here to help break things down and make it easier to understand. Contact us today.
All quotes from the FTC Complaint, with emphasis added by Silktide. This summary is for informational purposes only and does not constitute legal advice.
