Web accessibility overlays have been popping up everywhere, promising to make websites accessible with just a quick fix. These tools, often marketed as a simple solution, claim to solve accessibility issues with just a few clicks. But are they really the answer? Unfortunately, relying on an overlay might not be the quick fix it seems. Instead, it could lead to even more problems down the road, including legal trouble. Let’s take a closer look at what overlays are and the risks involved depending on them.

What Are Web Accessibility Overlays?

First, let’s break down what web accessibility overlays actually are. Overlays are tools that use a snippet of JavaScript to change a website’s code. They often come in the form of toolbars, plugins, apps, or widgets. These overlays claim to detect and fix accessibility problems on a website automatically. However, they don’t actually fix the website’s original source code. Instead, they identify basic accessibility issues, like color contrast and text size, and make adjustments. While these features are important for accessibility, the real issue is how overlays are used and depended upon.

The Legal Landscape: Recent Lawsuits and Challenges

Now that you know what overlays are and what they aim to do, let’s dive into the legal implications surrounding their use. In recent years, web accessibility overlays have faced growing scrutiny in U.S. courts. You might have heard about the recent class action lawsuit against accessiBe—one of the most popular accessibility widget providers. If you haven’t, this could be a game-changer for you.

Case Study: Tribeca Skin Care vs. accessiBe

On June 24, 2024, Tribeca Skin Care, a small dermatology practice in New York City, filed a class action lawsuit against accessiBe. Even though Tribeca used accessiBe’s overlay, a blind person still sued the practice, claiming their website didn’t meet ADA requirements. This case clearly shows the serious risks of relying solely on these tools for web accessibility.

Problems and Risks with Overlays

So, what’s the problem? Overlays like accessiBe promise to fix accessibility issues with just a few lines of code. But in reality, they can sometimes create new barriers instead of removing them. As we look at more legal cases, it becomes evident that courts are increasingly siding with plaintiffs who argue that these overlays aren’t a real substitute for having accessibility built directly into a website’s code. By mid-2024, over 20% of web accessibility lawsuits were filed against companies using these widgets. This raises a big question: Can overlay vendors really deliver the protection from lawsuits or the ADA compliance they promise?

Copycat Lawsuits: A Growing Threat

To make things even more challenging, businesses using overlays are now facing a new wave of copycat lawsuits. These lawsuits come from a new wave of ambulance chasers targeting companies that rely on third-party overlays. They know these tools often fall short of providing true accessibility. Tools like BuiltWith make it easy for anyone to see what a website is built with. With just a click, you can access a full list of websites using a specific tool—like AccessiBe or another accessibility overlay.

Exploitation of Overlay Data

What are the chances that these serial lawsuit-filing firms are using data like this to find new targets? Especially when they see success in filing lawsuits or sending demand letters against websites using overlays.

The legal argument is straightforward: if an overlay doesn’t fully meet accessibility standards, then the website is still not compliant with the Americans with Disabilities Act (ADA) and other regulations. As a result, businesses that thought they were protecting themselves with an overlay end up in court, dealing with expensive settlements and damage to their reputation.

Why Overlays Aren’t a Solution

So, why are overlays so problematic? The answer lies in their limitations. Overlays are designed to be a one-size-fits-all solution, but accessibility needs are diverse and complex. No single tool can address every issue, especially when it comes to accommodating users with different types of disabilities. For instance, while an overlay might help someone with mild visual impairments by adjusting contrast, it can’t add quality alt-text to images, or ensure that you’re using descriptive link text, for example.

Additionally, overlays are often implemented as a quick fix rather than a comprehensive solution. This can lead to a false sense of security, where businesses believe they are fully compliant with accessibility laws when, in reality, they are not. This false confidence can backfire when a lawsuit reveals the shortcomings of the overlay, leading to financial and legal repercussions.

What Can Business Owners Do Instead?

Given the risks associated with overlays, what should business owners do instead to ensure their websites are accessible? The answer lies in taking a proactive and comprehensive approach to web accessibility. Here are some steps to consider:

1. Understand Web Accessibility Guidelines: The Web Content Accessibility Guidelines (WCAG) are a set of standards designed to make web content more accessible. Familiarize yourself with these guidelines to understand what needs to be done. They cover aspects like text readability, alternative text for images, and keyboard navigation.
2. Conduct a Website Audit: Regularly audit your website for accessibility issues. There are tools available online that can help you identify problems, such as missing alt text for images or issues with color contrast. Consulting with a specialist firm like 216digital to conduct a thorough audit can also be a wise investment.
3. Implement Ongoing Training: Train your staff, especially those involved in website management and content creation, about web accessibility. This helps create a culture of inclusivity and ensures that accessibility remains a priority.
4. Stay Informed and Up-to-Date: Web accessibility standards and best practices can evolve over time. Stay informed about any changes and make updates to your website as necessary to remain compliant.
5. Ongoing Monitoring: Compliance is not a one-time task with 216digital’s a11y.Radar service provides ongoing monitoring of your website or app to detect any new accessibility issues that may arise over time. This proactive approach helps prevent potential violations before they lead to costly lawsuits.

Overlays Are Not a Shortcut

Web accessibility overlays might appear to be a quick solution, but they come with significant legal risks. Recent lawsuits have demonstrated that these tools often fall short of meeting the required standards, leaving businesses exposed to potential legal issues. Instead of opting for an overlay, invest in a comprehensive approach to web accessibility. By integrating accessibility from the ground up, you can avoid the pitfalls of overlays and ensure that your site is genuinely welcoming and usable for all visitors.

True accessibility is about more than just sidestepping legal troubles—it’s about creating a web experience that everyone can use and enjoy. Don’t settle for a temporary fix. Invest in building a fully accessible website that serves all users effectively.

Team Up with 216digital

Ready to take the next step? Whether you want to protect against a frivolous ADA accessibility lawsuit or become WCAG 2.1 AA compliant, 216digital has you covered. Our team of accessibility experts can also develop strategies to integrate WCAG 2.1 compliance into your development roadmap on your terms. 

Don’t wait for a lawsuit to push you into action. Schedule a complimentary ADA strategy briefing with 216digital to take the first step toward website accessibility.