The Federal Trade Commission (the “FTC”) issued a Decision and Order ( the “Decision,”) (Docket No. C-4817, issued April 21, 2025) against accessiBe Inc. and accessiBe Ltd. (together “accessiBe”), a website accessibility vendor, resolving allegations that accessiBe made deceptive claims about the ability of its automated “widget” technology to bring websites into compliance with governing law.
The Decision underscores how important it is for owners and operators of places of public accommodation, especially those who rely on automated solutions to provide accessible content, to verify that their websites remain accessible to all users. Hinckley Allen’s Labor & Employment and Litigation attorneys break down the FTC’s case and provide guidance on website accessibility.
The FTC’s Case
The FTC brought a complaint against accessiBe that challenged accessiBe’s claim that its widget can make websites compliant with the Web Content Accessibility Guidelines (“WCAG”) and ensure ongoing compliance as web content changes.
The complaint provides concrete examples of barriers the FTC observed on websites that use accessiBe’s widget. Alleged issues included Level A/AA failures such as missing or inaccurate alt text (e.g., product images labeled as “img_4534 scaled” rather than a descriptive title, or mislabeled images), missing visible focus indicators, keyboard traps that prevented users from leaving search boxes or navigating date pickers, improperly coded menus and buttons (e.g., incorrect expanded/collapsed states), status and error messages not announced to screen readers (e.g., items added to cart not conveyed), tables without properly coded headers, inability to operate sliders and filters via keyboard (e.g., price range, color/size, bedrooms/bathrooms), and mis-labeled content read aloud as “text” instead of the actual value. The complaint also cites alleged missing captions/transcripts for audio/video, inaccessible PDFs, and critical breaks in user flows where third‑party checkout or reservation pages were not remediated by the widget.
In addition, the FTC alleged that accessiBe inadequately disclosed that its widget does not remediate third‑party domains/subdomains and certain content types (e.g., PDFs, embedded media) to customers unless separately addressed—placing such qualifications in hard-to-find locations rather than in clear, proximate disclosures.
Without admitting liability, accessiBe agreed to a consent order that imposes forward-looking conduct restrictions, disclosure requirements, and a $1,000,000 monetary component, along with robust compliance monitoring and recordkeeping obligations. The order prohibits representations that automated tools—including AI-driven widgets—can make any website WCAG compliant or ensure continued automatic WCAG compliance over time, absent competent and reliable evidence. It also mandates clear disclosures where a product cannot correct barriers across third-party domains and subdomains unless those domains also deploy the product, and prohibits deceptive endorsements and undisclosed material connections in product reviews.
What This Means for Businesses Operating Places of Public Accommodation
By now, it is well-established in many jurisdictions that websites and mobile apps are places of public accommodation that must comply with Title III of the Americans with Disabilities Act (“ADA”), which requires owners and operators of such places to provide people with disabilities full and equal enjoyment of their goods and services. With the rise of digital accessibility cases, many businesses have turned to widgets as an economical and efficient solution.
However, the Decision raises a caution flag for businesses: do not rely on widgets to “fix” your website. While widgets remain a cost-effective option, these tools do not guarantee legal compliance, and they do not shield you from ADA or state‑law risk. Website owners and operators should also be aware that these widgets may not solve issues on third‑party pages (like checkout), subdomains, PDFs, or embedded media unless those are fixed separately.
Prioritize Your Company’s Digital Accessibility
Accessibility is an ongoing obligation for anyone owning or operating a place of public accommodation. As your website or mobile app content and features change, you need to ensure there are no barriers to access on new pages. If you use a widget, treat it as a tool, not a substitute for fixing your code. Assign an owner and adopt a policy. Name a responsible person or team within your organization, publish an accessibility policy that explains your commitment to accessibility to web users, and train your web, product, and content staff.
Moreover, the Commission’s complaint highlights the importance of periodically testing your website the way users do to ensure accessibility. Adding manual testing with assistive technology (e.g., NVDA/JAWS and VoiceOver), keyboard‑only navigation, and real user tasks is a great way to ensure you can quickly identify and remedy any accessibility barriers as your website and/or mobile app changes. When you’re doing this, cover the full customer journey. Make sure third‑party checkout, booking, portals, and subdomains are accessible. If a vendor controls those pages, consider requiring your vendors to meet WCAG 2.1 AA or provide an accessible alternative workflow. Building accessibility into your web development process is a great way to ensure compliance with the ADA. Add accessibility checks to design, code review, quality assurance, and content publishing. And be sure to re‑test key flows after each release.
Finally, it is important to keep records of your efforts. Maintain testing results, fixes, training, and vendor communications to show ongoing efforts in case you are ever faced with allegations that your website does not comply with the ADA.
