Court Rulings: Why Accessibility Overlays Don't Protect You From ADA Lawsuits
Multiple federal courts and the FTC have ruled that accessibility overlay widgets are NOT sufficient for ADA compliance. Here are the actual cases.
🚨 Key Finding
In 2024, 25% of all ADA website lawsuits (1,023 cases) targeted websites that had accessibility overlay widgets installed. The overlays did not prevent the lawsuits.
FTC Ruling Against accessiBe (April 2025)
Federal Trade Commission Decision & Order
Case: FTC v. accessiBe Ltd. | Issued: April 21, 2025
The FTC ordered accessiBe to pay $1 million and prohibited the company from making misleading claims that its automated products could achieve or guarantee WCAG compliance unless substantiated with evidence.
The FTC investigation found that accessiBe had:
- Falsely advertised its widget's ability to render websites compliant
- Misrepresented reviews as impartial when they were not
- Failed to make essential website components accessible
- Made unsubstantiated claims about WCAG compliance
Tribeca Skin Care v. accessiBe (June 2024)
Class Action Lawsuit
Plaintiff: Tribeca Skin Care (NYC dermatology practice) | Filed: June 2024
A New York City dermatology practice filed a class-action lawsuit alleging that accessiBe's widget failed to make their website fully ADA compliant, despite the company's promises.
The lawsuit alleges:
- accessiBe engaged in false advertising
- The widget failed to achieve full ADA compliance
- Tribeca Skin Care faced its own accessibility lawsuit after implementing the widget
- The widget may actually hinder accessibility for some users
- Violations of New York state laws including Breach of Contract
LightHouse for the Blind v. ADP (2022)
Major Settlement with Explicit Overlay Rejection
Parties: LightHouse for the Blind et al. v. ADP, Inc.
ADP, a major HR services provider, used an overlay on its Workforce Now platform. Blind employees alleged the platform remained inaccessible despite the overlay.
"Overlay solutions... will not suffice to achieve accessibility."
The settlement explicitly required ADP to:
- Cease using the overlay widget
- Achieve "substantial compliance" with WCAG 2.1 through real code fixes
- Implement genuine accessibility remediation
More Cases Where Overlays Failed
Murphy v. Eyebobs (2021)
An eyewear retailer using an accessibility overlay was sued by a blind consumer. The settlement required Eyebobs to make its website WCAG 2.1 compliant through genuine remediation efforts, hire an accessibility consultant, and form an internal accessibility team — indicating the overlay was insufficient.
Quezada v. US Wings
A legally blind consumer sued US Wings, alleging its website was inaccessible despite using accessiBe. The plaintiff claimed the overlay interfered with his screen reader. The court denied the company's motion to dismiss, noting prior lawsuits involving the same overlay provider.
The Numbers Don't Lie (2024-2025)
The trend is clear: overlays do not prevent lawsuits. In fact, they may make you a target.
What Actually Works for ADA Compliance
✅ Court-Approved Approaches
- 🔧 Real code fixes — Modify your actual website templates and source code
- 🧪 WCAG 2.1/2.2 compliance — Meet the actual technical standards
- 👨💼 Accessibility consultants — Professional audits and remediation
- 📄 Documentation — Prove your compliance efforts for legal protection
Get Real Fixes, Not Overlays
LiquidA11y fixes your actual Shopify Liquid code — the approach that holds up in court.
Scan Your Store FreeSources & References
- FTC Press Release: "FTC Takes Action Against accessiBe" (January 2025)
- UsableNet Mid-Year Report: 2024 ADA Digital Accessibility Lawsuits
- LightHouse for the Blind et al. v. ADP, Inc. Settlement Agreement (2022)
- Tribeca Skin Care v. accessiBe Class Action Complaint (June 2024)
- accessibility.works Lawsuit Statistics (2024-2025)