The U.S. Federal Trade Commission (FTC) has taken action against accessiBe, a startup that promotes tools for enhancing website accessibility for individuals who are visually impaired. The company has been penalized for engaging in false advertising and covertly paying reviewers to endorse its products without proper disclosure.
The FTC’s proposed order demands that accessiBe pays a $1 million fine, potentially to refund customers, and it insists that the company must stop exaggerating the functionality of its accessibility tools. Additionally, accessiBe is ordered to clearly disclose any affiliations with those endorsing its services.
Samuel Levine, the director of the FTC’s bureau of consumer protection, emphasized the importance of trust in accessibility products, stating that companies seeking accessibility compliance must rely on products that deliver on their promises. He described overstating a product’s capacities without evidence as deceptive, assuring that the FTC will intervene to prevent such practices.
Based in New York, accessiBe was founded in 2018 and offers an AI-driven plugin aimed at ensuring websites adhere to the Web Content Accessibility Guidelines (WCAG). It markets its service as a legal safeguard against lawsuits for noncompliance with the Americans with Disabilities Act (ADA), which protects against discrimination toward people with disabilities.
Despite raising an impressive $58.5 million from investors, accessiBe has faced criticism from advocacy groups and customers alike, who argue that its products fall short. The tools reportedly interfere with the screen reading software that blind and low-vision users depend on, sometimes compromising the navigability of websites. This has resulted in class action lawsuits asserting that accessiBe’s offerings fail to meet ADA compliance standards.
The National Federation of the Blind criticized accessiBe’s practices as “disrespectful and misleading” during their 2021 convention, and over 400 individuals, including blind users and accessibility advocates, signed an open letter urging companies to cease using automated services like those offered by accessiBe.
In 2021, UsableNet reported that more than 400 companies using accessibility widgets or overlays on their websites faced lawsuits over accessibility issues. While accessiBe isn’t the only company providing automated accessibility tools, it has been particularly scrutinized for what some see as an uncooperative and dismissive attitude toward the accessibility community, coupled with exaggerated claims.
According to the FTC, accessiBe misled customers by presenting paid reviews as unbiased third-party evaluations and failed to disclose their affiliations with these reviewers. The FTC’s decision, which was unanimously supported by all five Commissioners, is now open for public comment for 30 days before potentially being finalized.
