216digital.
Web Accessibility

Phase 1
Web Remediation for Lawsuit Settlement & Prevention


Phase 2
Real-World Accessibility


a11y.Radar
Ongoing Monitoring and Maintenance


Consultation & Training

Is Your Website Vulnerable to Frivolous Lawsuits?
Get a Free Web Accessibility Audit to Learn Where You Stand
Find Out Today!

Web Design & Development

Marketing

PPC Management
Google & Social Media Ads


Professional SEO
Increase Organic Search Strength

Interested in Marketing?
Speak to an Expert about marketing opportunities for your brand to cultivate support and growth online.
Contact Us

About

Blog

Contact Us
  • AI Accessibility Platform or Just an Overlay?

    The digital accessibility space is flooded with promises. Some companies advertise sleek, one-click solutions to fix web accessibility issues overnight. They now call themselves an “AI accessibility platform” rather than what they truly are: overlays.

    It sounds good. Who wouldn’t want artificial intelligence to solve complex compliance problems automatically? But here’s the catch: most of these so-called AI accessibility platforms are just rebranded overlays—front-end widgets that apply a visual layer over a website to appear accessible. They rarely address the root issues. Even worse, they can give businesses a false sense of compliance and leave disabled users frustrated.

    What Is an Overlay, Really?

    A web accessibility overlay is a third-party tool that’s added to a site through a snippet of JavaScript. It tries to modify the user experience dynamically. Common features include contrast toggles, font size adjustments, keyboard navigation enhancements, and screen reader fixes.

    These overlays are easy to install and often marketed as a quick path to ADA or WCAG compliance. Some now claim to use AI to identify and fix accessibility issues in real-time. But while the buzzword changed, the fundamental technology hasn’t.

    The AI Smokescreen

    Labeling a product as an “AI accessibility platform” gives it an air of sophistication. But in many cases, artificial intelligence plays a minimal role—or none at all. Even when developers use AI to detect accessibility issues, it still can’t replace expert human review or hands-on code-level remediation.

    Here’s why that matters:

    • AI can miss context. It may detect that an image lacks alt text but can’t determine if the description is meaningful.
    • AI can’t restructure content. Accessibility isn’t just about fixing what’s visible—it’s also about semantic structure, logical flow, and proper HTML.
    • AI can’t interpret intent. True accessibility requires understanding the purpose of design and interaction elements. That takes human judgment.

    In short, AI might help flag issues, but it can’t fix them at scale with the nuance needed for real-world usability.

    The Real Risks of Relying on Overlays

    Many businesses adopt AI accessibility platform, believing they’re safe from lawsuits. They’re not. In fact, overlays are now being cited in accessibility lawsuits. Plaintiffs and advocacy groups argue that these tools are ineffective and even obstructive.

    The risks include:

    • Legal exposure. Courts have increasingly ruled that overlays do not ensure ADA compliance. Plaintiffs with disabilities have successfully sued companies using these tools.
    • Bad UX for disabled users. Overlays can conflict with screen readers, override user settings, or interfere with native assistive tech.
    • False security. Businesses relying on accessibility widgets might mistakenly believe they’re protected, overlooking critical accessibility issues that thorough audits and remediation would easily identify. In fact, in 2024 alone, 1,023 companies using accessibility widgets on their websites faced lawsuits.

    What Real Accessibility Looks Like

    True digital accessibility is not a checkbox or a plugin. It’s a commitment to inclusivity that starts in your codebase. That means:

    • Semantic HTML structure
    • Meaningful alt text
    • Keyboard navigability
    • Proper ARIA roles
    • Logical content order
    • Form labels and error identification

    These elements can’t be patched with JavaScript after the fact. They have to be built into the foundation of your site.

    Expert-Led Accessibility Works

    This is where companies like 216digital come in. Unlike overlay vendors, 216digital doesn’t promise overnight compliance. Instead, they deliver code-based accessibility services rooted in real expertise.

    Their process includes:

    • Manual audits by accessibility professionals
    • Comprehensive WCAG testing across devices and assistive technologies
    • Remediation services that fix issues in your site’s actual code
    • Ongoing support to maintain compliance over time

    This approach not only improves accessibility for users with disabilities but also strengthens your brand, SEO, and legal compliance.

    Don’t Fall for AI Accessibility Platform

    Rebranding overlays as “AI accessibility platforms” is a clever marketing move. But it doesn’t make them more effective. Businesses need to look past the buzzwords and focus on what truly matters: building accessible websites that work for real people.

    Overlays offer a temporary illusion of compliance. But for lasting accessibility, legal protection, and a genuinely inclusive user experience, expert-led, code-based solutions are the only path forward.


    If you’re serious about accessibility, skip the overlay. Choose real remediation. Choose a partner like 216digital who understands that accessibility isn’t just a feature—it’s a foundation.

    Start by filling out the contact form below to schedule your complimentary ADA briefing with 216digital today.

    Greg McNeil

    April 2, 2025
    Legal Compliance
    Accessibility, Ai and Overlay Widgets, AI-driven accessibility, Overlay, WCAG, Web Accessibility, Widgets
  • AI-Driven Accessibility: Hype vs. Reality

    AI is everywhere—powering self-driving cars, filtering spam emails, and even generating images out of thin air. Naturally, it has found its way into web accessibility, promising to make websites easier to navigate for people with disabilities.

    At first glance, AI-driven accessibility seems like a game-changer. A tool that scans a website, detects issues, and applies fixes in real-time—no costly audits, no manual updates. The promise is enticing: instant compliance, a better user experience, and minimal effort. For businesses seeking a quick fix, it sounds like the perfect solution.

    But is it really that simple, or is it just hype?

    The Hype of AI-Driven Accessibility

    AI accessibility solutions are marketed as a fast and effortless way to make websites compliant with accessibility laws and more user-friendly for people with disabilities. These tools use machine learning and automation to scan websites for accessibility issues, detect missing alt text, adjust contrast, and improve keyboard navigation. The idea is that AI can take the burden off businesses, making accessibility seamless and automatic.

    Companies selling AI accessibility promise a range of benefits:

    • Instant fixes for common accessibility issues like alt text, contrast adjustments, and heading structure corrections.
    • Enhanced user experience, with real-time captions, AI-generated image descriptions, and improved navigation.
    • Time and cost savings, reducing the need for expensive audits and manual accessibility updates.

    Some AI tools even claim to predict user needs and adjust websites dynamically, removing barriers before they become a problem. The pitch is simple: AI makes accessibility compliance quick, cost-effective, and easy.

    But can it actually deliver?

    The Reality: Limitations and Challenges

    AI-driven accessibility tools aren’t the magic solution they claim to be. In many cases, they fail to address deeper accessibility issues and even create new barriers. Here’s why:

    1. AI-driven Accessibility is Superficial

    While AI can generate alt text, it often provides vague or inaccurate descriptions. A picture of a service dog might be labeled as “dog” with no context, leaving a blind user without crucial details. Infographics and charts? AI struggles with those too, often giving meaningless labels instead of useful explanations.

    Automated contrast adjustments and heading restructuring may technically meet compliance guidelines, but that doesn’t mean they work in real-world use. These fixes can break website layouts, confuse users, and sometimes even make navigation worse rather than better.

    2. AI Can Introduce New Barriers

    AI tools often interfere with how people with disabilities already navigate the web. Screen reader users, for example, may encounter misplaced labels, incorrect headings, or navigation menus that suddenly stop working. Some AI tools even override user settings, blocking assistive technology that people rely on.

    Overlays—those AI-powered add-ons that promise “instant accessibility”—are particularly notorious for making things worse. Instead of removing barriers, they often add unnecessary complexity, frustrating users rather than helping them.

    3. AI-driven Accessibility Misses Barriers

    Studies show that AI can only detect 20-30% of accessibility barriers, meaning that websites relying solely on AI remain 70-80% inaccessible. Many critical accessibility issues require human judgment and testing—something AI simply cannot replicate.

    At 216digital, we have seen a sharp rise in lawsuits targeting screen reader-related issues that AI fails to detect. These include missing ARIA labels, poor keyboard navigation, and dynamic elements that don’t update correctly for assistive technology users. Businesses that trust AI for compliance often realize too late that their sites remain inaccessible and legally vulnerable.

    4. False Sense of Compliance

    Many businesses assume that adding an AI overlay or accessibility widget makes their website compliant with the Americans with Disabilities Act (ADA). But compliance is about actual usability—not just ticking a box.

    In 2024 alone, 1,023 companies using AI overlays were sued for accessibility violations according to Useablnet’s 2024 End of the Year Report. The reality is that these tools do not make a site fully accessible; they often only mask deeper issues. Lawsuits and regulatory actions continue to prove that true accessibility requires meaningful fixes, not just automated patches.

    Case Studies and Real-World Examples

    Many companies have learned the hard way that AI-driven accessibility doesn’t work.

    1. The Failure of AI-driven Accessibility

    One of the biggest offenders? accessiBe—an AI overlay that promises instant accessibility. Thousands of users with disabilities have reported that it makes websites harder to use, not easier. These overlays don’t fix the real problems; they just add a layer of automated code that interferes with assistive technology.

    2. Frustrated Users Speak Out

    A New York Times article, For Blind Internet Users, the Fix Can Be Worse Than the Flaws, highlighted how AI-driven overlays create more frustration than solutions. Blind advocate Mr. Perdue put it plainly: “I’ve not yet found a single one that makes my life better. I spend more time working around these overlays than I actually do navigating the website.”

    This isn’t just one person’s experience—over 862 accessibility advocates and developers have signed an open letter urging businesses to stop using these flawed AI solutions. Even the National Federation of the Blind has condemned AI-driven accessibility tools, calling them inadequate and ineffective.

    3. The Legal Consequences

    If the ethical concerns don’t scare businesses away, the lawsuits should. In 2024 alone, 1,023 companies were sued for relying on AI-driven overlays instead of making genuine accessibility improvements.

    Recently, major compliance agreements have begun explicitly stating that AI-driven overlays do not meet accessibility standards. Companies using tools like AudioEye, accessiBe, and Accessibility Spark are at higher risk of lawsuits than those making real accessibility changes.

    The Necessity of Human Oversight

    If AI isn’t the solution, what is? People.

    1. Accessibility Experts Know What AI Doesn’t

    Human experts understand accessibility in a way AI never will. They know how people actually use websites, what works, and what doesn’t. They can ensure websites are genuinely accessible—not just compliant on paper.

    2. AI and Humans Can Work Together

    AI isn’t completely useless, but it needs to be used as a tool, not a crutch. Real people need to review, test, and implement fixes.

    3. Accessibility is an Ongoing Process

    Web accessibility isn’t something you fix once and forget. It requires regular monitoring and updates. That’s where a11y.Radar from 216digital comes in—it provides continuous accessibility monitoring to keep websites truly usable for everyone.

    The Future of AI-driven Accessibility

    AI is improving, but it’s nowhere near ready to handle accessibility on its own. Moving forward, we need:

    • Better AI training that includes input from people with disabilities.
    • Stronger regulations to ensure AI tools don’t create new barriers.
    • More user involvement so that AI tools are built with real-world accessibility needs in mind.

    Conclusion

    AI-driven accessibility tools might sound appealing, but they’re not the answer. Automated solutions—especially overlays—often create more problems than they solve. If businesses truly care about accessibility, they need to invest in real solutions that actually work.

    The bottom line? AI can assist, but human expertise is irreplaceable.

    Want accessibility done right? Schedule an ADA briefing with 216digital today and get a roadmap to real, lasting accessibility.

    Greg McNeil

    February 19, 2025
    WCAG Compliance
    Accessibility, Ai and Overlay Widgets, AI-driven accessibility, Overlay, Website Accessibility
  • accessiBe’s AI Claims Fall Short—FTC Proposes $1M Fine

    In a significant move underscoring the importance of truthful marketing in digital accessibility, the Federal Trade Commission (FTC) has proposed a $1 million fine against accessiBe, a company known for its AI-driven web accessibility tool, accessWidget. The FTC alleges that accessiBe misrepresented the capabilities of its product, claiming it could render any website fully compliant with the Web Content Accessibility Guidelines (WCAG), which set the standard for web accessibility.

    FTC’s Allegations Against accessiBe

    According to the FTC’s complaint, accessiBe advertised that its accessWidget could make websites fully WCAG-compliant through a simple integration process. The company asserted that by adding a single line of code, websites would immediately comply with 30% of WCAG requirements, with the remaining 70% addressed by the AI within 48 hours. However, the FTC found these claims deceptive, stating that the accessiBe widget failed to make essential website components—such as menus, headings, tables, images, and recordings—conformant with WCAG standards.

    Furthermore, the FTC highlighted that accessiBe engaged in misleading marketing practices by presenting paid endorsements as independent reviews, violating transparency norms. The proposed settlement includes the $1 million fine and mandates that accessiBe cease making unsubstantiated claims about its product’s capabilities and disclose any material connections with endorsers.

    Legal Challenges Faced by accessiBe

    This FTC action is not the first legal challenge for accessiBe. The company has faced criticism and legal scrutiny over its accessibility solutions. In 2024, a class-action lawsuit was filed against accessiBe, alleging breach of contract and other claims related to the efficacy of its products.

    Limitations of AI in Web Accessibility

    The situation with accessiBe brings to light the broader limitations of relying solely on AI for web accessibility. While AI tools can assist in identifying and addressing certain accessibility issues, they often lack the contextual understanding necessary to handle complex web elements. For instance, AI might misinterpret images, provide insufficient alternative text descriptions, or overlook interactive components crucial to the user experience. These shortcomings can result in websites that remain inaccessible to individuals with disabilities, despite the implementation of AI solutions.

    Moreover, AI-driven tools may struggle with context-specific issues and ethical considerations, necessitating human intervention to ensure comprehensive accessibility testing. For example, AI might not fully understand the context of certain content, leading to false positives or negatives.

    For more information on automated testing, please read our article “Website Accessibility: Are Overlays Just Hiding the Problem?“

    Best Practices for Achieving True Compliance

    Achieving genuine web accessibility compliance requires a multifaceted approach that combines automated tools with human expertise. While AI can be a valuable asset in identifying potential issues, it should not be relied upon exclusively. Manual audits conducted by accessibility experts are essential to address nuanced and context-specific barriers that AI might miss.

    Incorporating user testing, particularly involving individuals with disabilities, can provide invaluable insights into real-world accessibility challenges. This collaborative approach ensures that websites comply with technical standards and are genuinely usable for all individuals.

    Partnering with Experts for Comprehensive Accessibility Solutions

    Businesses aiming for authentic accessibility compliance should seek partnerships with organizations that offer a blend of automated tools and expert human evaluation. For instance, 216digital provides comprehensive accessibility services encompassing AI-driven assessments, manual audits, and user testing. By collaborating with such partners, companies can ensure that their digital platforms comply with legal standards and are accessible to all users.

    Conclusion

    The FTC’s proposed fine against accessiBe is a stark reminder of the importance of transparency and honesty in marketing accessibility solutions. While AI offers promising tools to achieve web accessibility, it is not a standalone solution. A comprehensive approach integrating AI capabilities with human expertise and manual audits is essential for proper compliance and inclusivity. Businesses must remain vigilant and committed to genuine accessibility efforts, ensuring their digital content is accessible to all individuals, regardless of ability.

    Ready for a solution that truly works? Schedule a free ADA briefing with 216digital. Simply fill out the contact form below, and let’s take the next step toward making your site accessible for all. We’ll help you avoid the pitfalls that landed accessiBe in trouble and guide you toward long-lasting, legally sound solutions.

    Greg McNeil

    February 10, 2025
    Legal Compliance
    accessiBe, Accessibility, ADA Compliance, Ai and Overlay Widgets, Website Accessibility
  • Why Accessibility Overlays Might Make You a Target

    Why Accessibility Overlays Might Make You a Target

    For many website owners, ensuring their site is accessible to everyone, especially those with disabilities, is a priority. This makes sense, not only from an ethical standpoint but also from a legal one. Web accessibility has become a hot topic, with the Americans with Disabilities Act (ADA) taking action against websites that fail to provide equal access. One solution that has garnered attention is the use of overlay widgets. However, if you’re considering using overlay widgets to meet these demands, pause! This may not be the solution you think it is.

    In this post, we will explore the pitfalls of relying on such solutions and why they may not be the best choice for safeguarding your online business.

    What is an Overlay Widget?

    In simple terms, an overlay refers to tools or technologies that incorporate third-party code, typically JavaScript, into a webpage to enhance accessibility. Over recent years, these overlays have surged in popularity and are now featured on numerous websites across the internet. Among the many available, UserWay and accessiBe stand out as the top contenders on the market.

    For a monthly charge, these tools claim to offer complete ADA and WCAG compliance, shielding them from litigation and an improved user experience for people with disabilities, all by adding just a single line of code to a website. 

    On the surface, it sounds ideal for website owners wanting a quick solution. But the truth is more complex.

    What Do Accessibility Overlays Claim to Offer? 

    These overlay companies often promise three key concepts to consumers:

    1. Your website will be fully accessible 
    2. Their technology will automate fixes, removing the need for web accessibility experts.
    3. Their products will protect you from accessibility lawsuits.

    Does it sound too good to be true? It is. While overlays might seem like a cost-effective solution for web accessibility, they might leave hopeful business owners with a target on their backs.

    Accessibility Experts Voicing Concern

    Experts in web accessibility have expressed skepticism about the effectiveness of accessibility overlays. Many experts argue that these tools may create a false sense of compliance and fail to address the root causes of accessibility issues.

    Around 800 experts in accessibility have promised not to support, suggest, or use overlays that pretend to comply with laws or standards automatically. Karl Groves, an industry expert with over 20 years of experience, has put together a detailed fact sheet and statement from these experts, and it’s available on overlayfactsheet.com as a helpful online resource.

    But why are these experts opposing overlays? First, we have to talk about ADA Compliance.

    What is ADA Compliance?

    While using an overlay may help meet some rules in accessibility standards, it cannot ensure

    Conformance means meeting or satisfying the requirements of the web accessibility standards. According to Web Content Accessibility Guidelines (WCAG), the ‘requirements’ for web accessibility are called Success Criteria. To conform to WCAG’s guidelines, you must meet or satisfy all the Success Criteria.

    Since conforming to a standard involves meeting all its requirements, products that claim to bring a website into compliance but cannot fix all issues should be approached with caution.

    Why Overlays Are Not Fully Accessible

    Here’s a simplified analogy: Imagine a pothole in the road. Instead of fixing it properly, someone places cardboard over it. It might look covered, but it’s still there, and it’s just a matter of time before someone falls through.

    Similarly, while overlay widgets might give the appearance of an accessible website, they often merely cover up underlying issues. The worst part? Sometimes, they introduce new problems.

    The Limitations of Accessibility Overlays

    While overlays may provide some surface-level improvements, they often fail to address the comprehensive requirements for ADA compliance. Automated fixes can be incomplete or inaccurate, leaving certain accessibility issues unaddressed and potentially leading to legal consequences.

    Here’s why:

    • Partial Fixes: While overlays can assist in certain areas, like making text bigger for those with vision problems, they don’t treat the root problems in the website’s code, leaving site owners vulnerable to ADA lawsuits.
    • Inconsistency: Overlay performance can be unpredictable across different devices and browsers, particularly on mobile.
    • False Assurance: Sole reliance on overlays can be deceptive. They detect only about 30% of accessibility barriers. The intricate WCAG guidelines mean that overlays can only handle some necessary adjustments. A hands-on review is needed to find the remaining 70% of issues.
    • User Experience: Some overlay tools give users an overwhelming number of choices, making things more perplexing or even creating new hurdles for disabled users.
    • Conflicts with Assistive Tools: Many people with disabilities use specific tools to navigate the web. Overlays can disrupt these tools, making the website even less accessible. 

    To learn more about how overlay widgets fail to make a website compliant, check out our blog post, Why AI & Overlay Widgets Fail ADA Website Compliance.

    Overlays Don’t Protect Against Web Accessibility Lawsuits

    Many website owners opt for overlay widgets, believing they will shield them from potential lawsuits. However, this couldn’t be farther from the truth. Some advocates argue that these overlays can create a false impression of compliance, attracting attention from individuals keen on holding non-compliant websites accountable or with a desire for a quick payout.

    At the 2021 Digital Accessibility Legal Summit, Jeremy Horelick, Jason Taylor, and Richard Hunt discussed overlays being marketed as one-step software solutions for website accessibility. The answer was a clear no when asked if overlays reduce the risk of litigation expenses.

    “They absolutely do not. And there are two reasons why this is true. The first reason is simply because they don’t actually fix websites. […]

    The other reason is because the law firms, not all the law firms, but many of the law firms that are in this area do not care whether the website is really accessible or not. Their desire is to find something that they can identify as an error, usually by measuring it against WCAG, and if they can find that error, they can file a lawsuit in good faith. Remembering that their goal is to settle the lawsuit as soon as possible.”

    Accessibility Overlays Can Make You A Target

    Using an overlay widget is like announcing, “I’m trying to be compliant.” But when that compliance is only surface-deep, it can make you an easy target for litigation.

    So you might wonder, “Why would an overlay make me a target?” Here’s a deep dive into the mechanics:

    Lawsuit Mechanics

    Lawsuits related to web accessibility often rely on demonstrating that a website remains non-compliant despite attempts to rectify it. Scanning tools most plaintiff firms use won’t reliably pick up the solutions provided by widgets and overlays. While suggesting an effort to comply, overlay widgets often fall short of genuine accessibility. As such, your site will “scan” in exactly the same way and not at all change the initial filter most plaintiff firms use to determine who to go after. This discrepancy provides an avenue for legal action.

    Lawsuit Claims

    Most lawsuits nowadays don’t primarily address WCAG compliance concerns. They cite issues of functional use—things that impact a person with a disability’s ability to use a site. However, overlays won’t affect those claims and will often worsen the functionality. Many claims pinpoint overlay widgets’ inconsistent and ineffective nature, emphasizing that they don’t provide a uniform solution for every user.

    Public Record Evidence

    Implementing a widget or overlay on your website highlights potential shortcomings in your approach to accessibility. This public display could be referenced in future legal proceedings as evidence of your organization’s consistent lack of attention to accessibility. In the context of the ADA, this could be seen as a failure to adapt policies, practices, and procedures to ensure accessibility.

    2023 Overlay Litigation Wave

    In 2023, we saw 933 websites become targets for ADA non-compliant lawsuits because they relied solely on overlay widgets. This marked a notable 62% increase from the previous year. The legal actions brought against these companies often point fingers at the features and functions of these widgets, claiming they contribute to accessibility issues, along with the common failures outlined in WCAG.

    Attorney Richard Hunt, who specializes in digital ADA cases at Hunt Huey PLLC, was among the first to focus on such legal matters. In a post titled “Is there a silver bullet for ADA website accessibility? Sorry, but the answer is no,” he emphasized that using an accessibility overlay or widget won’t protect businesses from ADA lawsuits. 

    Hunt stated, “If your business wants to avoid getting sued under the ADA because of an inaccessible website an accessibility overlay or widget isn’t going to help you. I can say this with some certainty because in the last two weeks alone five lawsuits have been filed against businesses that use an accessibility widget or overlay on their websites.”

    Privacy Concerns

    Besides potential legal problems tied to web accessibility, privacy concerns have surfaced. Overlays that automatically activate certain features, such as those for screen reader or speech recognition users, do this by detecting when an assistive technology is in use on the device. This reveals that the person using the device at that time has a disability. In some instances, it even exposes more personal information, like age, ethnic background, or preferred gender. Collecting such data should only happen with the informed consent of the person to whom it belongs.

    Privacy Concerns and Legal Consequences

    Some overlays keep users’ settings consistent across different websites that use the same overlay. This is achieved by placing a cookie on the user’s computer. When the user activates a setting for a specific overlay feature on one site, the overlay will automatically activate that feature on other sites. 

    Although the overlay company may believe they are benefiting the end user, the major privacy issue is that the user never agreed to be tracked, and there’s no way to opt out. Because there’s no opt-out option (except for explicitly turning off that setting), this poses a risk under the General Data Protection Regulation (GDPR) and  California Consumer Privacy Act (CCPA) for the overlay customer.

    What Actions Should Website Owners Take?

    For website owners, the lesson is clear. While overlay widgets might seem like an easy fix for web accessibility, they’re anything but. Not only do they fail to address the root accessibility issues, but they also paint a target on your back for potential litigation.

    If you’re a website owner considering using overlay widgets, tread cautiously. Instead of looking for shortcuts, invest in a comprehensive web accessibility evaluation and manual review from the experts at 216digital to ensure that all accessibility barriers are identified and addressed correctly. 

    It is crucial to recognize the limitations of AI and use it in conjunction with other accessibility tools, such as regularly testing and evaluating accessibility compliance through automated and manual audits. By adopting a multi-faceted approach to accessibility, you can minimize the risk of legal action and make sure that digital content is accessible to all users. 

    Team Up with 216digital

    After years of analyzing ADA lawsuits, we’ve discerned the tactics used by law firms to pinpoint websites for groundless ADA claims and how to protect businesses against them. Our team of accessibility experts can also develop strategies to integrate WCAG 2.1 compliance into your development roadmap on your terms to save you from potential legal headaches in the future.

    Remember, web accessibility is not just about legal compliance but about creating an inclusive web for all. So don’t wait any longer—find out where you stand by scheduling a complementary ADA Strategy Briefing today.

    Greg McNeil

    February 27, 2024
    Legal Compliance
    Accessibility, ADA Compliance, ADA Web Accessibility, ADA Website Compliance, Ai and Overlay Widgets, Overlay widgets, Website Accessibility, Website Accessibility Tools
  • Why AI & Overlay Widgets Fail ADA Website Compliance

    Why AI & Overlay Widgets Fail ADA Website Compliance

    As the digital world continues to evolve, many businesses are turning to Artificial Intelligence (AI) and overlay widgets to make their websites accessible. While these technologies are marketed as solutions to make websites ADA compliant, they often fail to deliver on that promise. In fact, they often make websites less accessible for those with disabilities.

    What are AI and Overlay Widgets?

    AI and overlay widgets work by modifying a website’s code with a snippet of JavaScript, usually in the form of a toolbar, plugin, app, or widget. However, while they claim to detect and correct web accessibility barriers dynamically, overlays do not fix the website’s source code. Instead, they can detect fundamental accessibility issues, such as color contrast and text size, to make modifications. While overlays might seem like a cheap and beneficial method for web accessibility, they do not fix the underlying code. Leaving website owners exposed to the risk of an ADA lawsuit.

    Why Overlay Solutions Fail to Deliver True Web Accessibility

    Many AI and overlay solutions are used as a band-aid to cover up fundamental web accessibility issues. Still, they do not resolve the critical accessibility issue. Relying on an AI or overlay tool as a long-term solution can open you to legal risk, and provide a false sense of security.

    Web Accessibility Barriers Not Resolved with AI and Overlay Widgets

    One of the biggest problems with AI and overlay widgets is that they do not address the inherent access barriers on websites. These technologies are designed to make websites more accessible for people with disabilities. However, they need to address the underlying issues that make websites inaccessible in the first place. Unfortunately, the WCAG guidelines are too complex for overlay tools to provide the robust modifications required.

    So, what issues are ignored by AI and overlay widget tools?

    • Multi-level navigation menus not navigable via keyboard
    • Newsletter popups, flyout carts, and other modals do not trap or automatically receive focus
    • Logical tab order violations
    • Images, buttons, and form fields that have incorrect labels
    • Buttons created using non-interactive HTML tags that cannot be operated via keyboard

    While most of these issues are not visible to all users, these issues are significant barriers for users with disabilities. This means that while AI and overlay widgets may provide some level of accessibility, they often fail to make websites usable for those with disabilities.

    Overlays Can Increase Accessibility Barriers

    AI and overlay widgets can increase accessibility barriers. These technologies may add additional steps or layers to the user experience. Making it more difficult for people with disabilities to navigate and interact with websites. This can be especially problematic for people with cognitive disabilities, who may struggle with the added complexity of using AI and overlay widgets.

    AI and Overlay Widgets Override Existing Assistive Technology Tools

    Furthermore, AI and overlay widgets can affect users’ existing assistive technology tools. Making it difficult for people with disabilities to use the technology they already rely on to access websites, such as screen readers or voice recognition software.

    Additionally, AI and overlay widgets may not be able to interact with these tools in a way that benefits all users. This can create a frustrating and inaccessible experience for those with disabilities, who may feel that the added technology is just another barrier to accessing information and services online.

    Overlays Prevent an Inclusive Web Experience

    By adding additional layers of technology to websites, these technologies can create a sense of exclusion for those with disabilities, who may feel that they are not part of the mainstream online experience. This can also lead to a lack of engagement and motivation to use websites and participate in online communities.

    These barriers can lead to poor brand perception and potential loss of revenue. By using overlays, you are offering people with disabilities a different web experience with reduced functionality. This directly contradicts the goal of digital inclusion. Creating an inclusive web experience entails fixing accessibility issues to create one accessible, homogenous brand experience.

    AI and Overlay Widgets Hinder Website Performance

    AI and overlay widgets can slow website performance, making it more difficult for all users to access information quickly and efficiently. In addition, these technologies often rely on complex algorithms and software that can be resource-intensive. Resulting in longer screen loading times and making it difficult for users to access the website and its content. This can be especially problematic for people with mobility or motor disabilities. As they may have limited time to interact with websites and need quick and responsive access to information.

    Overlays Solution Increase Legal Liability

    Finally, AI and overlay widgets increase legal liability. AI and overlay widgets are automated technology utilizing complex algorithms and software. However, automated scans can only detect 30% of web accessibility errors. The remaining 70% of the issues are detected only through manual testing. While some overlay providers provide manual testing and remediation services, this often comes at a hefty cost for the website. The remediation is only applied to the overlay layer, exposing the underlying barriers.

    If a website is not accessible to users with disabilities, it violates laws such as the Americans with Disabilities Act (ADA). Unfortunately, AI and overlay widgets cannot provide the level of accessibility required by these laws. Therefore, increasing the legal liability for website owners with accessibility overlays or widgets installed. In fact, there has been an upward trend of lawsuits filed against companies with accessibility overlays or widgets installed. With 400 lawsuits being filed in 2021 and 600 in 2022.

    What Should Website Owners Do Instead of Using Overlays?

    While AI and overlay widgets might seem like an easy solution to protect your website, you must adapt the WCAG 2.1 guidelines and best practices into an ongoing process.

    As you make changes to your website, new accessibility issues can arise. So, it is essential to test your website often. And although AI and overlay widgets should be avoided, not all digital technology is bad. For example, automated testing is an efficient and reliable tool to regularly check your website for low-hanging barriers and stay on top of WCAG compliance. But, of course, even the best-automated accessibility solution will not be able to detect every problem. That is why manual testing by accessibility experts who know what to look for is required. Luckily, 216digital has ADA experts to provide risk mitigation, manual testing, ADA remediation, and ongoing monitoring services to help you achieve your accessibility goals and needs.

    Conclusion

    While AI and overlay widgets may seem like a good idea for web accessibility, they fail to deliver. These technologies can increase accessibility barriers, affect users’ existing assistive technology tools, prevent inclusive web experiences, slow website performance, and increase legal liability. Instead of relying on these technologies, businesses should focus on creating truly accessible and inclusive websites that meet the needs of all users, including those with disabilities.

    The 216digital web accessibility experts are ready to help you through each step of your accessibility journey. Answering your questions and resolving each obstacle. From ADA Accessibility Lawsuit Risk Mitigation to expert ADA Remediation, we put you in a position of strength. We understand how websites get targeted for frivolous lawsuits and what to do to keep you off the radar of law firms that specialize in filing ADA lawsuits.

    Become web accessible on your terms with 216digital by developing a strategy to integrate WCAG 2.1 compliance into your development roadmap as part of the development process. Learn more about how the ADA experts at 216digital can help achieve ongoing real-world accessibility on your terms by scheduling an ADA Strategy Briefing today.

    Greg McNeil

    February 14, 2023
    Legal Compliance
    Accessibility, ADA Compliance, ADA Website Compliance, Ai and Overlay Widgets, Website Accessibility, Website Accessibility Tools
216digital Scanning Tool

Audit Your Website for Free

Find Out if Your Website is WCAG & ADA Compliant













    216digital Logo

    Our team is full of expert professionals in Web Accessibility Remediation, eCommerce Design & Development, and Marketing – ready to help you reach your goals and thrive in a competitive marketplace. 

    216 Digital, Inc. BBB Business Review

    Get in Touch

    2208 E Enterprise Pkwy
    Twinsburg, OH 44087
    216.505.4400
    info@216digital.com

    Support

    Support Desk
    Acceptable Use Policy
    Accessibility Policy
    Privacy Policy

    Web Accessibility

    Settlement & Risk Mitigation
    WCAG 2.1/2.2 AA Compliance
    Monitoring Service by a11y.Radar

    Development & Marketing

    eCommerce Development
    PPC Marketing
    Professional SEO

    About

    About Us
    Contact

    Copyright 2024 216digital. All Rights Reserved.