Do accessibility overlays prevent lawsuits?
An accessibility overlay is a script added to a site, usually shown as a small person icon in the corner. Overlays sell well, but they do not make a site conform, and sites with overlays keep getting sued.
How overlays work
An overlay runs after the page loads, guesses alt text and button names, and adds a toolbar for font size and contrast. The site's source code does not change. When the script loads slowly, is blocked or guesses wrong, the problems are still there.
Blind users already rely on their own screen readers and settings. The toolbar adds little for them, and injected changes can conflict with their tools.
Sites with overlays still get sued
Of more than 4,000 digital accessibility lawsuits UsableNet reviewed for 2024, 1,023 were against companies whose sites had an overlay or widget, about a quarter. Plaintiff firms know overlays well, and some complaints point out that the site had one and still failed.
The FTC order against accessiBe
In January 2025 the US Federal Trade Commission alleged that accessiBe's claims that its AI tool could make any website WCAG compliant were false, misleading or unsubstantiated, and that it presented paid reviews as independent. In April 2025 the FTC approved a final order requiring accessiBe to pay $1 million and barring it from claiming its automated product can ensure WCAG compliance without evidence.
Overlay vs. code remediation
| Aspect | Accessibility overlay | Fixing the theme code |
|---|---|---|
| What changes | A script patches the page after it loads | The theme code and product content |
| If the script fails | Every issue is back | The issues are gone |
| How it is verified | The vendor's own score | WCAG 2.1 AA retest plus keyboard and screen reader testing |
| Cost | Yearly or monthly subscription that grows with traffic | One-off remediation, then monitoring as needed |
| What you keep | A subscription | Before and after reports, a remediation log, an accessibility statement |
If you already have an overlay
- Do not rush to remove it. Test the site first to see the underlying issues.
- Fix the theme code and product content based on the results.
- Turn the overlay off and test again to confirm the site passes without it.
- Then decide whether to keep it. If you do, check it does not interfere with screen readers.
For the order of fixes see the WCAG 2.1 AA checklist; for budget see remediation cost.
Questions
Is accessiBe or UserWay enough for ADA compliance?
No overlay can guarantee WCAG conformance; the FTC order against accessiBe says as much. Sites with overlays are sued regularly.
Can we use an overlay alongside real fixes?
Yes, once the code is fixed. Treat the overlay as an optional extra, not the compliance plan.
What about accessibility apps in the Shopify App Store?
Many are the same kind of overlay or toolbar. Some only scan and report, which is useful but does not fix anything by itself.
Sources
- QualityLogic: Accessibility Industry Update, January 2025 (UsableNet 2024 year-end figures)
- FTC (January 2025): Order requires accessiBe to pay $1 million for deceptive claims
- FTC (April 2025): FTC approves final order requiring accessiBe to pay $1 million
This article summarises technical requirements and public data. It is not legal advice; for legal obligations and lawsuits, consult a qualified attorney.