Accessibility Tool Limitations

Overlays and “one-line-of-code” plug-ins promise instant ADA compliance. In reality, they’re quick patches that don’t fix your site’s underlying code — and they can increase your legal risk by creating a false sense of security.

What Accessibility Tools Really Do (and Don’t Do)

Inject a visual “layer” that tries to adjust contrast, add alt text, or tweak navigation on the fly.
Rarely fix the root issues in your HTML, ARIA, headings, form labels, and keyboard focus order.
Can interfere with screen readers or keyboard users — the opposite of what you want.

The accessiBe Case: Why Marketing Claims Matter

In January 2025, the U.S. Federal Trade Commission announced an order requiring the overlay vendor accessiBe to pay $1 million over deceptive claims that its AI widget could make any website fully WCAG-compliant. In April 2025, the FTC approved the final order. Read the official releases: FTC press release (Jan 3, 2025) and FTC final order (Apr 22, 2025).

The takeaway for small businesses: if a tool promises automatic compliance, you could still be targeted — and you may have little defense if those promises aren’t true.

Why Overlays Can Increase Your Risk

False confidence: You think you’re safe, but common barriers remain (forms, focus order, headings, ARIA, media alternatives).
Assistive tech conflicts: Widgets can hijack or confuse screen readers and keyboard navigation.
Legal exposure: If your site still has barriers, an overlay badge won’t stop a demand letter.

A Better Path: Human Oversight + Real Fixes

Audit first: Use a WCAG-informed review to find barriers that tools miss.
Fix the code: Add alt text, correct labels, repair headings, ensure keyboard access, and caption media.
Document progress: Keep notes/screenshots of improvements and publish an Accessibility Statement.

How the DAPEN® Defense Fund Protects You

Tools can help, but they don’t shield you from legal risk. The DAPEN® Defense Fund gives you a rapid-response team if you’re targeted:

Attorney-Drafted Response: A lawyer replies within the deadline on your behalf.
Targeted Remediation: Developers fix the exact issues cited in the letter — not just surface-level tweaks.
Predictable Cost: Avoid $5,000+ emergency invoices when time is tight.

Get Protected with the DAPEN® Defense Fund

Frequently Asked Questions

Do automated tools guarantee ADA/WCAG compliance?

No. They can catch some issues, but they don’t fix your underlying code or guarantee compliance — and regulators have acted against misleading claims.

Should I remove overlays entirely?

If an overlay conflicts with assistive tech or creates confusion, remove or disable it. Focus on real code-level fixes and content updates instead.

What’s the safest approach for small businesses?

Combine practical improvements (alt text, captions, labels, keyboard access) with a clear Accessibility Statement — and have a rapid-response plan via the DAPEN® Defense Fund.

Next Steps

Join DAPEN to ensure you have legal and technical support in place before a demand letter arrives.
Run a quick audit and fix high-impact barriers this week.
Remove any overlay that interferes with assistive technology and replace it with real code-level fixes.

Get Protected with the DAPEN® Defense Fund