The Role of Third-Party Tools
The Role of Third-Party Tools in Meeting WCAG 2.1 Requirements - What You Need to Know
As digital accessibility becomes increasingly critical for businesses, organizations are looking for efficient ways to meet WCAG 2.1 (Web Content Accessibility Guidelines) requirements and comply with laws such as the ADA (Americans with Disabilities Act). While third-party tools like accessibility overlays, widgets, and toolbars are often marketed as quick fixes, they have come under intense scrutiny for their limitations and potential risks, including legal exposure.
This article delves into the use of third-party tools for achieving accessibility compliance, the challenges they present, and best practices for businesses aiming to create truly accessible websites.
The Promise and Pitfalls of Third-Party Accessibility Tools
Third-party tools such as overlays and widgets are software solutions designed to enhance website accessibility by adding features like text resizing, color contrast adjustments, or screen reader compatibility. These tools are often marketed as “one-click” solutions that promise instant compliance with WCAG 2.1 and ADA requirements.
However, while these tools may seem convenient, they often fail to address the root causes of accessibility barriers. Instead of remediating issues in the website’s underlying code, they act as a superficial layer that can introduce new problems or leave critical WCAG violations unresolved.
Legal Risks Associated with Accessibility Overlays
A growing trend in ADA lawsuits highlights the risks of relying on accessibility overlays or widgets. In 2024 alone, 25% of all ADA lawsuits (1,023 cases) explicitly cited overlays as barriers rather than solutions, according to UsableNet. These lawsuits argue that overlays not only fail to provide full accessibility but can also create additional obstacles for users relying on assistive technologies like screen readers.
Case Study: FTC Action Against Overlay Providers
In January 2025, the Federal Trade Commission (FTC) fined a leading overlay provider, accessiBe, $1 million for false advertising and paid reviews that misled customers about the effectiveness of its product. This action underscores the growing scrutiny of overlay solutions and highlights their inability to deliver on their promises of compliance.
The Critical Foundation of eCommerce Accessibility (and Why Overlays Aren't Enough)
In today’s digital landscape, eCommerce accessibility is no longer optional – it’s a legal requirement, a business imperative, and a fundamental aspect of ethical online commerce. But achieving true, comprehensive WCAG 2.1 AA compliance goes far beyond simply adding an accessibility overlay to an existing website. To truly protect your business and provide an inclusive experience for all potential customers, you need a solid foundation: an eCommerce platform meticulously designed and built from the ground up with accessibility as a core principle. This isn’t just about avoiding lawsuits; it’s about creating a welcoming and usable online store for everyone.
Overlays, while potentially offering some surface-level improvements, cannot fundamentally alter the underlying code and structure of an eCommerce platform. For businesses where the user experience is paramount, legal compliance is non-negotiable, and the complexity of transactions demands seamless accessibility, starting with an accessible foundation is *essential*. EnterpriStore offers a solution by providing an eCommerce platform built with WCAG 2.1 AA source code compliance as a core principle, ensuring that accessibility is ingrained from the very beginning. This proactive approach minimizes risk and maximizes inclusivity.
The Promise and Pitfalls of Third-Party Accessibility Tools
Third-party tools such as overlays and widgets are software solutions designed to enhance website accessibility by adding features like text resizing, color contrast adjustments, or screen reader compatibility. These tools are often marketed as “one-click” solutions that promise instant compliance with WCAG 2.1 and ADA requirements.
However, while these tools may seem convenient, they often fail to address the root causes of accessibility barriers. Instead of remediating issues in the website’s underlying code, they act as a superficial layer that can introduce new problems or leave critical WCAG violations unresolved.
Why Overlays Fall Short
1. Incomplete WCAG Coverage
Automated tools, including overlays, can detect only about 30% of WCAG violations, leaving a significant portion of issues unresolved. For example:
• Missing or improper ARIA (Accessible Rich Internet Applications) roles cannot be fixed by overlays.
• Overlays cannot remediate inaccessible PDF files or videos lacking captions.
• Complex navigation structures or poorly coded forms often remain inaccessible despite the use of overlays.
2. Compatibility Issues with Assistive Technologies
Overlays frequently interfere with screen readers and keyboard navigation, creating conflicts that make websites even harder to use for people with disabilities.
3. False Sense of Security
Businesses relying on overlays may believe they are fully compliant, which can deter them from addressing deeper accessibility issues in their codebase.
4. Legal Precedents
Lawsuits targeting businesses using overlays have set a precedent that these tools do not absolve organizations from their legal obligations under the ADA or similar state-level laws.
Best Practices for Achieving WCAG 2.1 Compliance
To meet WCAG 2.1 requirements effectively and avoid legal risks, businesses should focus on sustainable, long-term solutions rather than quick fixes like overlays.
1. Conduct Manual Accessibility Audits
Manual audits by experienced accessibility professionals remain the gold standard for identifying and fixing WCAG violations. Unlike automated tools, manual audits can evaluate complex interactions, user journeys, and compatibility with assistive technologies.
2: Use Automated Tools as a Supplement
Automated tools can be useful for initial scans or ongoing monitoring but should never replace manual testing. They can help identify low-hanging fruit like missing alt text or color contrast issues but cannot address deeper structural problems.
- Writing clean, semantic HTML.
- Using ARIA roles judiciously to enhance usability for assistive technologies.
- Testing new features with real users who rely on assistive technologies.
4: Provide Regular Training
Training your development and design teams on WCAG 2.1 standards ensures that accessibility becomes a core part of your workflow rather than an afterthought.
5: Monitor and Maintain Accessibility
Websites are dynamic, with content and features frequently updated. Regular audits and testing are necessary to ensure ongoing compliance.
Key Lessons for Businesses in 2025 and Beyond
The growing trend of lawsuits targeting websites using accessibility overlays underscores the importance of adopting sustainable accessibility practices. Here are some critical takeaways:
1. Avoid Widgets and Overlays: These tools are more likely to expose your business to legal risks than to solve accessibility issues effectively
2. Invest in Manual Audits: Comprehensive manual reviews by experts are essential for achieving real compliance with WCAG 2.1 standards.
3. Act Quickly After Legal Action: Businesses that address accessibility issues promptly after being sued are less likely to face repeat lawsuits.
4. Be Aware of State Laws: States like New York and California have stricter accessibility requirements and are hotspots for litigation.
5. Prioritize E-Commerce Accessibility: E-commerce websites face higher scrutiny due to their complex functionality and frequent updates.
Conclusion
While third-party tools like overlays may appear to be a quick solution for meeting WCAG 2.1 requirements, they often introduce more problems than they solve. Businesses must adopt a proactive approach by investing in manual audits, integrating accessibility into their development processes, and committing to long-term maintenance. By doing so, organizations can not only avoid legal risks but also create inclusive digital experiences that benefit all users.
Accessibility is not just about compliance—it’s about ensuring equal access to digital spaces for everyone.
FTC orders AI accessibility startup accessiBe to pay $1M for misleading advertising
Tech Crunch | January 2025
Are you using an accessibility overlay to help disabled users? Don’t!
Casey Markee | Search Engine Land | November 10, 2022
How to Make Your Website Accessible for Everyone
Critical article about failure of artificial intelligence and overlay solutions.
Ali Donaldson | INC Magazine | September 20, 2022
For Blind Internet Users, the Fix Can Be Worse Than the Flaws
Blind people tell how AI and overlays make websites harder to use Amanda Morris | New York Times | July 13, 2022
Truth In Advertising Does Not Exist for Overlay Vendors
An exhaustive documentation of false claims made by overlay vendors. Important resource for legal actions against such companies.
Largest US Blind Advocacy Group Bans Web Accessibility Giant AccessiBe From Its National Convention
(in depth and scathing) Gus Alexiou | Forbes | June 26, 2021
Blind people, advocates slam complany claiming ot make websites ADA compliant.
April Glaser | NBC News | May 9, 2021
Overlay Fact Sheet
(signed by hundreds of acccessibility experts) Karl Groves | Level Access (Tenon.Io previous) | March 2021
People with Disabilites Say This AI Tool Is Making the Web Worse for Them
Todd Feathers | VICE | March 17, 2021
This Company Tapped AI for Its Website - and Landed in Court
Tom Simonite | WIRED | November 11, 2021
Honor the ADA: Avoid Accessibility Quick-Fix Overlays
Attorney Lainey Feingold | Aug 2020, updated Feb 2021. Very good with many links to additional resources.
Accessibility Overlays: Automation That's Too Good to be True
Nina Overdorff | EquiDox | Oct 10, 2020 (good breakdown of failures and lawsuits against websites using overalys)
Accessibility Overlays in Digital Content
(in-depth explanations of good and bad - plus examples of overlay sites hit with lawsuits) Brad Henry | The Paceiello Group | May 13 2020
Is there a silver bullet for ADA website accessibility? Sorry, but the answer is no.
(legal view of overlay sites and examples of overlay websites hit with lawsuits) Richard Hunt | Hunt Huey | Mar 31, 2020
Toolbar Plugins/Widgets for Website Accessibility Aren’t ADA/508 Compliant
Kris VenBurgh | Oct 7, 2019
Overlays are not the solution to your accessibility problem
Sheri Byrne-Haber | Jan 14, 2020
Web Accessibility Overlays: True Fix or False Pretense?
Cindy McCourt | Feb 26, 2019
Web Accessibility Solution or Whack-a-Mole
Katherine Shaw | June 10, 2019
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