🚨 FTC Enforcement Action

accessiBe was fined $1 million by the FTC. Here's how every overlay compares to ADAflags.

In early 2025, federal regulators fined accessiBe $1M for making false ADA compliance claims. UserWay, EqualWeb, and AudioEye use the same JavaScript runtime-patching model — with the same structural limitations and the same inability to satisfy the WCAG violations courts actually evaluate.

$1M
FTC fine against accessiBe for false compliance claims (2025)
456
overlay-using sites sued under the ADA in H1 2025
70%
of disabled users say overlays make sites harder to use (WebAIM)

How does your site actually score?

Free scan — 15 seconds, no account.

Scan Your Site Free →

ADAflags vs every overlay — the full feature matrix

Compared across the dimensions that matter for ADA lawsuit protection: approach, price, WCAG coverage, screen reader compatibility, and regulatory status.

Feature ADAflags Best accessiBe UserWay EqualWeb AudioEye
Approach Code-level scanner — identifies real violations in your HTML, ranked by lawsuit risk JS overlay widget applied at runtime JS overlay widget JS overlay widget + managed service tier JS overlay widget + human remediation tier
Price Free scan; $19 one-time audit; $9.99/mo monitoring $49–$490/month depending on traffic $49–$299/month $39–$399/month $49–$199+/month
ADA lawsuit protection Prioritizes violations most cited in actual ADA complaints Overlay use cited as evidence of bad faith in lawsuits Overlay doesn't satisfy WCAG per courts Overlay doesn't satisfy WCAG per courts Overlay doesn't satisfy WCAG per courts
WCAG coverage Full automated axe-core scan — 50+ WCAG 2.1 AA rules ~ Runtime patching catches surface-level issues only ~ Runtime patching, surface-level ~ Runtime patching + manual audit add-on ~ Runtime patching + partial manual audit at higher tiers
Screen reader compatibility Reports violations as they exist in source HTML Overlay modifications don't reach screen readers Same limitation as accessiBe Same limitation as accessiBe Same limitation as accessiBe
Setup time Instant — enter URL, get results in seconds ~20 minutes (widget install) ~20 minutes (widget install) ~20 minutes (widget install) ~20 minutes (widget install)
FTC/regulatory status No enforcement actions $1M FTC fine for false compliance claims (2025) ~ No FTC action, but same overlay model ~ No FTC action, but same overlay model ~ No FTC action, but same overlay model
NFB endorsement Not condemned NFB has formally condemned accessiBe NFB condemns all overlay products NFB condemns all overlay products NFB condemns all overlay products
Multi-page scanning Crawls entire site, aggregates violations by frequency Widget applies to all pages but doesn't audit them No site-wide audit ~ Audit add-on available ~ Full audit at enterprise tier only

The $1M fine that changed the overlay market

In early 2025, the Federal Trade Commission found that accessiBe's compliance claims — "ADA compliant," "WCAG certified" — were false and misleading. The product collected monthly fees while promising legal protection it couldn't deliver.

The structural problem isn't accessiBe specifically. Every overlay vendor uses the same JavaScript runtime-patching approach. A widget that runs after your page loads cannot modify the source HTML that courts, plaintiff scanning tools, and screen readers actually evaluate.

FTC found compliance claims deceptive

The agency ruled that calling an overlay product "ADA compliant" or "WCAG certified" was false advertising. The $1M fine was the regulatory layer catching up to what courts had already established.

Courts ruled overlays don't satisfy WCAG

In multiple ADA lawsuit defenses where overlay use was cited, courts ruled the widget did not constitute a good-faith remediation effort or satisfy WCAG 2.1 AA compliance requirements.

NFB formally condemned accessiBe — and all overlays

The National Federation of the Blind condemned accessiBe and issued a broader statement that JavaScript overlays as a category fail blind users. Their position covers UserWay, EqualWeb, and AudioEye as well.

Code-level fixes hold up in court; overlays create a bad-faith record

Installing an overlay proves you knew about accessibility obligations. If you're then sued, you can't claim ignorance — but you also can't claim compliance. Code-level fixes documented with scan reports support a genuine good-faith defense.

Overlay lawsuit stats — vendor by vendor

456 overlay-using sites were sued in H1 2025. The legal record applies across every overlay vendor because the underlying approach is the same.

accessiBe $1M FTC Fine

456 overlay-using sites sued in H1 2025. FTC enforcement action for false compliance claims. NFB formal condemnation. Courts repeatedly ruled the overlay insufficient as an ADA defense. Overlay use cited by plaintiff attorneys as evidence of bad faith — proving the defendant knew about the problem and chose an inadequate solution.

Sources: FTC v. accessiBe (2025); Seyfarth 2025 ADA Report; NFB formal statement on accessiBe (2021, extended to all overlays).

UserWay Same Overlay Model

No separate FTC action, but uses the same JavaScript runtime-patching approach as accessiBe. Has been named alongside clients in ADA lawsuits where overlay use was identified. The NFB's condemnation of overlays as a category applies to UserWay's overlay tier. Screen reader users report the same interference as with other overlay products.

Source: Seyfarth 2025 ADA Report; WebAIM 2025 Overlay Report; NFB overlay statement.

EqualWeb Overlay Tier: Same Risk

EqualWeb's overlay tier shares the same WCAG insufficiency as all overlay products. Their managed (human-audit) tier is a separate offering and has different legal standing — but it costs significantly more. For SMBs using the standard overlay subscription, EqualWeb's legal record is the same as the category: insufficient for court-evaluated WCAG compliance.

Source: Court records on overlay defenses, 2023–2025; EqualWeb pricing as of 2026.

AudioEye Overlay Tier: Insufficient

AudioEye's overlay tier has the same structural limitation as all other overlays. Their higher human-audit tier (starting at $199+/mo) is more effective — but that's a manual audit service, not an overlay. For most SMBs using the standard $49–$99/mo tier, AudioEye's overlay provides the same legal exposure as accessiBe at a higher price than ADAflags' $19 one-time audit.

Source: AudioEye pricing as of 2026; Seyfarth 2025 ADA Report; court record on overlay defenses.

6 violations every overlay fails to fix — and ADAflags catches

These are the structural limitations that apply to every JavaScript overlay. They're not fixable at runtime because accessibility is a code-level property — not a presentation layer.

Critical

Missing alt="" on <img>

An overlay can inject AI-generated alt text as a visible label on the rendered page — but a screen reader reads the HTML alt attribute directly from the DOM. The overlay's visual layer is invisible to the screen reader. The underlying source still has no alt attribute, and that's what courts and plaintiff scanners evaluate.

WCAG 1.1.1 — Non-text Content
Critical

Unlabeled <input> fields

A <label for="..."> association is a source HTML relationship between a label element and its input. An overlay running after page load can't retroactively add this relationship to the DOM in a way that screen readers and accessibility APIs recognize as semantically correct. The form remains unlabeled at the code level.

WCAG 1.3.1 — Info and Relationships
Critical

Keyboard trap in a modal dialog

Focus management for modal dialogs must be implemented in the page's JavaScript — the code that opens the modal must move focus into it, and the code that closes it must return focus to the trigger. An overlay script running in parallel cannot intercept, reorder, or control focus flow that's already managed (or mismanaged) by the page's own event handlers.

WCAG 2.1.2 — No Keyboard Trap
High

Low contrast text

Color contrast ratios are computed from the rendered CSS values at paint time. An overlay running after page load cannot change CSS custom property values, compiled stylesheets, or inline styles that are already applied. The contrast value a scanner (and a court's expert) reads is the computed value from the source CSS — not anything the overlay can modify.

WCAG 1.4.3 — Contrast Minimum
Medium

Missing page <title> or lang attribute

The <html lang="en"> attribute and <title> element are document-level declarations in the source HTML. They must be present in the markup the server sends. An overlay appended to the rendered page arrives after the browser has already parsed the document and set these values (or failed to). They cannot be retroactively patched at runtime.

WCAG 3.1.1 — Language of Page
Medium

Missing skip navigation link

A "Skip to main content" link must be the first focusable element in the document source — so keyboard users can bypass the navigation without tabbing through every link. An overlay appends elements to the rendered DOM; it cannot reorder elements that already exist in the source to make the skip link first. Any injected skip link arrives after the navigation it was supposed to skip.

WCAG 2.4.1 — Bypass Blocks

See your real violations in 15 seconds

Free scan — instant results. No account required.

Run Free Scan →

$19 one-time audit vs $500+/year for a false sense of security.

Overlay subscriptions run $49–$490/month — $588–$5,880/year — for a product that doesn't satisfy WCAG in court. Compare that to fixing the actual violations once.

Overlay subscription
$49–$490/mo
$588–$5,880/year, recurring forever
  • Runtime JS widget (can't fix source HTML)
  • No violation report or code fixes
  • Lawsuit protection — courts say no
  • FTC-fined vendor tier (accessiBe)
  • No audit report or documentation
Not recommended
ADAflags One-Time Audit
$19
one-time, no subscription
  • Full WCAG 2.1 AA scan (axe-core)
  • Violation report with exact code fixes
  • Lawsuit risk score per violation
  • Re-scan after fixes to verify
  • Documented compliance effort for court
Get One-Time Audit →
ADAflags Starter Monitoring
$9.99/mo
billed monthly — cancel anytime
  • Weekly automated WCAG scans
  • Email alerts for new violations
  • Violation trend tracking
  • Monthly PDF compliance summary
Start Monitoring →

Common questions about overlays vs ADAflags

Is accessiBe illegal?
The product itself is not illegal, but the FTC found its compliance claims — "ADA compliant," "WCAG certified" — to be false and misleading, resulting in a $1 million fine in 2025. Using accessiBe does not provide legal protection against ADA lawsuits. Courts have consistently ruled that overlay widgets don't satisfy WCAG requirements, and plaintiff attorneys have begun citing overlay use as evidence that defendants knew about their accessibility obligations and chose an inadequate solution.
Do any overlays work?
The structural limitation applies to all overlay products, not just accessiBe. JavaScript that runs after your page loads cannot modify source HTML, cannot change computed CSS values, cannot reorder DOM elements, and cannot reach the accessibility APIs that screen readers use. AudioEye's higher human-audit tier involves actual code review — but that's a manual audit service, not an overlay, and it costs $199+/month. The overlay tier of every vendor has the same runtime limitation.
What does ADAflags do differently?
ADAflags scans your actual HTML using axe-core — the same engine used by developers, auditors, and accessibility engineers. It identifies every WCAG 2.1 AA violation in your source code and ranks them by how frequently each violation type appears in real ADA demand letters. You get a report with the specific elements that are broken and the exact code changes needed to fix them. No widget, no subscription, no false compliance claims.
How much does it cost to fix vs using an overlay?
ADAflags' one-time audit is $19. Overlay subscriptions run $49–$490/month ($588–$5,880/year). The highest-priority WCAG violations — missing alt text, unlabeled form fields, low color contrast — are typically a few hours of developer time to fix. The violations you fix stay fixed without any ongoing payment. An overlay subscription is a recurring cost that doesn't eliminate your exposure; a code fix does.
Will I still get sued after using ADAflags?
Fixing your actual WCAG violations is the most defensible position available. Code-level fixes, documented with scan results showing before-and-after violation counts, support a genuine good faith defense if a demand letter arrives. ADAflags ranks violations by litigation frequency so you can prioritize the ones that actually appear in ADA complaints. There's no guarantee against demand letters — plaintiff firms send volume — but fixing real violations removes the basis for the complaint.

Don't pay $500/year for a false sense of security.

Scan your site now. Free, instant, and it shows you the exact violations overlays can't fix — so you can actually fix them.