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Why Accessibility Overlays Fail – Part 1

Kimberly Springs

Jeffrey Rodgers

August 12 9 min read

Accessibility overlays have become popular because they promise a cheap and foolproof way of achieving accessibility. However, like most things that sound too good to be true, these overlays fall short of providing an acceptable solution for various reasons.

Digital accessibility should be a priority for every business, website, or app. WCAG (Web Content Accessibility Guidelines) have been developed as a set of guidelines for individuals and businesses to meet these sets of criteria digitally. WCAG guidelines define how to make web content, including text, images, and sound, accessible to people with disabilities.

The best way to know if a website is accessible is to either do it the right way the first time while building it or to remediate it with a reputable accessibility company that audits through manual testing.

Overlays miss the vital information defining WCAG criteria because they don’t address each criterion; they just cover them up.

Overlays, as they stand, are not the answer, nor is just AI and automated testing, which can only detect about 30% (+-) of the actual accessibility pitfalls in a website. It takes a specialist or an auditor who can use assistive technology; to detect in real-time the WCAG errors, alerts, and issues. That is the proper way to do it.

Overlay widgets are unnecessary and are poorly placed in the technology stack.
Overlays are a broad term for technologies that aim to improve the accessibility of a website. They apply third-party source code (typically JavaScript) to make improvements to the front-end code of the website. Overlay Fact Sheet

source: Karl Groves’ Overlay Fact Sheet

What are Overlays

So, what exactly are accessibility overlays? Have you seen an accessibility icon on your mobile device’s side or bottom of the screen (image below)? That little round icon of an outline of a person with its’ arms open in the circle, is the Accessibility Icon.

Figure 1: Accessibility icon; an outline of a person with its’ arms open inside a circle.

The accessibility overlay is typically a JavaScript, third-party source code designed as a widget or plug-in tool. They claim to automatically apply common accessibility fixes for disability users to use while navigating a site.

When the icon is selected, a pop-up is activated, and the user activates sliders indicating varying disability needs to create a better user journey for that person.

Accessibility overlays claim the widget fixes disability barriers in real time by offering display options to work around the most common accessibility problems on a webpage, like color contrast, text sizing, and font changes.

Sounds great, right? Sure, to someone without a disability who does not rely on assistive technology.

However, to those who do, these overlays fail from the start. This is not evident to everyone, and many disability users have encountered even more digital barriers because of these overlays.

There is a privacy problem as well; exposing the individual and having them admit they have a disability, and for the plug-in to store that data about their disability is a privacy rights issue and violates the ADA.

Overlay and the Sales Tactic

The accessibility overlay vendors shift all the effort to the user. The user must figure out the icon and how to toggle the slides according to their needs. Usually, it falls into a keyboard trap or an accessibility error, alert, or issue which is an accessibility violation.

Pasting an overlay is like pasting a band-aid over a gaping wound; it won’t stop the underlying issue. The trend is that many businesses have turned to the allure of the PR and marketing machines behind the accessibility overlay companies because it sounds so easy to use.

Based on their websites, annual fees and/or monthly fees ranging from $50 to $1,000, pricing is based on their websites’ tiered pricing and how many pages a site may have. A business just plugs the overlay widget on the front end of the website, and is done.

For the non-disabled everyday user, designer, executive, or development team designing the website or who are in charge of it, they opt for what seems like a perfect solution, the accessibility overlay. They think, “Wow!” Select this little accessibility icon; voila, that person with a disability can change the site to meet their needs…” For a person with a disability the difficulties navigating to the icon has become more difficult.

Hand holding a mobile phone with the accessibility overlay icon on lower left.

A hand holding a mobile phone with a news app. Am accessibility overlay icon floats along the left side of the screen. 

Why Overlays Fail

First, the user may not know an overlay is even there! Overlays are often placed at the end of a page where a user of assistive technology (AT) can’t see them until they navigate the entire page. Kind of counterintuitive huh?

If the user does find it, and enables it, then a pop-up with sliders appears. Overlays are not easy to use for people with dexterity, low or no vision, or for people with assistive technologies.

These sliders often do not read out. For example, if a blind or low-vision user attempts to change the sliders according to their needs, screen readers often miss the sliders, so they do not work as expected. Or, the sliders and buttons fail to indicate what is selected. Of course, only someone who relies on a screen reader knows that.

That’s the sale catch! Overlays are designed to make one feel like they are championing the rights of others when in fact, they are making it more difficult and possibly losing customers.

Simply put, digital accessibility overlays are not accessible. By using them, businesses are opening up their sites to potential litigation, paying fines, and legal fees, plus the cost of remediation. It would have cost a lot less if it was done right the first time, in the beginning or remediated properly. We know, because we are repairing the damage done by accessibility overlays when those clients land in court.

It sounds so appealing just to apply this plug-in, and with a snippet of code, everything will be accessible. Anyone who has undertaken the complexities of building a website knows there is no one-size-fits-all. It is easy to be lured in by their PR machine and videos, yet real people, with real disabilities have voiced their objections.

The Culprits

Over a dozen companies provide these digital accessibility plug-in tools. Two of the largest, are publicly traded and have reported revenues in the millions based on recent financial statements. Here are some examples of web accessibility overlays (by alphabetical order):

  • AccessiBe
  • Accessibility Adapter
  • Accessiblelink
  • Accessiway
  • Adally
  • Adapte Mon Web (Adapt my Web)
  • Allyable
  • Alchemy*
  • Amaze
  • AudioEye
  • CrownPeak
  • EqualWeb
  • FACIL’iti
  • Lisio
  • MaxAccess
  • MK-Sense
  • ReciteME
  • Sentinel*
  • Sogo
  • TruAbilities
  • True Accessibility
  • UsableNet Assistive
  • User1st
  • UserWay
  • Purple Lens

* Denotes that these products are no longer developed or marketed.

NOTE: Overlay products are sometimes white labeled (sold under other names), or re-branded for certain markets, so this is not a complete list of the type of products discussed on this page. The problem persists that overlays do not actually address accessibility issues in the source code, which means people with disabilities could still be unable to navigate the website and access information at an equal level to everyone.  Overlay Fact Sheet.

A recent article written by Amanda Morris at the New York Times titled: ‘For Blind Internet Users, the Fix Can Be Worse Than the Flaws,’ expresses the problem facing people with disabilities and how the accessibility overlay plug-ins or widgets are making it more difficult for the users to navigate the site. Not at all what the accessibility overlay claims it will do.

Read the full Wall Street Journal article here, ‘For Blind Internet Users, the Fix Can Be Worse Than the Flaws’ by Amanda Morris dated July 13, 2022.

Overlay Legal Issues

In 2021, more than 400 companies with an accessibility widget or overlay on their website were sued over accessibility, and over 4000 digital ADA lawsuits hit the courts. You can find out the current stats of ADA lawsuits. Check out these sources:

For a lot of businesses with rising legal pressures to make their websites ADA-compliant, overlays seem the simple solution. Several of these companies using overlays have been sued repeatedly or have multiple ADA lawsuits at the same time. 

Why take the risk? With rising litigation, these automated accessibility web services are becoming the fast, easy choice to turn to. Companies we’ve helped remediate after being pulled into litigation have regretted the overlays. In the long run, it costs less to fix your site before litigation and a demand letter comes knocking.

So, why would a company claim their accessibility overlays work and then offer legal support? If their product is fail-safe and can stand up to ADA compliance, why are they pushing clients into the idea that they have legal backup? Are they clearly saying, they are not compliant?

Real Lawsuit: Murphy-v.-Eyebobs

ADA Title III, Murphy-v.-Eyebobs

The 2021 lawsuit against Eyebobs is among a growing number in recent years accusing companies of breaching web accessibility standards. Proposals to fix websites with AI overlay technology are growing, too, along with rising complaints from accessibility advocates that it doesn’t work as advertised.

January 2021, Anthony Murphy, a visually impaired man, visited the eyewear retailer Eyebobs website using screen reader assistive software. The screen reader attempted to read out the site’s content, navigation buttons, and menus.

Enabling the overlay, Mr. Murphy found it harder to navigate. Eyebobs used the artificial intelligence software plug-in from AccessiBe, which promotes and promises to make websites easier for people with disabilities to navigate. They end up creating more issues for disability users.

AccessiBe states it can make a website accessible to people with impaired vision or other challenges by simply using this accessibility plug-in, “replacing a costly, manual process with an automated, state-of-the-art AI technology.”

In the lawsuit filed against Eyebobs, it was alleged that the retailer failed to provide people using screen readers equal access to its services and that the technology from AccessiBe—not party to the suit—doesn’t work as advertised.

Like many AI startups, AccessiBe markets its technology as cheaper than paying humans. Ironically, Eyebobs now must pay people anyway, by court order. 

(Updated in November 2023, AccessiBe now offers manual audit services and user testing. Makes you wonder why since their overlay widget is supposed to “guarantee” WCAG conformance.)

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Global Accessibility Awareness Day (GAAD) is every third Thursday in May – this year it is May 19, 2022 On…...

An illustration of digital accessibility for people with disabilities April 22 10 min read

Website Templates: Aesthetically Pleasing or Accessibility Nightmares

Updated for 2025 98% of the world’s top 1 million websites do not offer full accessibility With websites growing at…...

A laptop showing an ADA-compliant website December 06 5 min read

I have fewer than 15 employees. Does my website need

We hear this question from businesses of all sizes, and often wonder why they ask, because the law is so…...

An illustration of a man evaluating a website October 15 5 min read

Do I need an ADA website audit?

Website ADA audits are typically the initial offering from the accessibility industry; they promise to find all of the accessibility…...

An image of a lawsuit document October 08 5 min read

You’ve Got an ADA Lawsuit. Now what?

Note: this post does not constitute legal advice. You should consult an attorney regarding an ADA Lawsuit or if you’ve…...

An image of a audiologist showing smartphone app for adjusting hearing aid September 24 8 min read

Accessibility Decay: Why Your Paid Accessibility Remediation Only Lasts So

If you are new to the topic of web accessibility, there is a lot to absorb about what it means…...

An image showing Disabled Access Credit document September 03 5 min read

50% Off Website Accessibility Courtesy of the IRS

TLDR: Ask your accountant about the Disabled Access Credit. You can claim 50% of what you spend on web accessibility…...