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Those court cases have demonstrated that website overlay solutions, including accessiBe, cannot be solely relied upon to ensure accessibility or website compliance with ADA. Here is more on accessiBe and its limitations, how the Eyebobs case has ended up in court and what is recommended course of action to ensure your website accessibility and ADA compliance.

What Is accessiBe and What Does It Promise?

According to its developers, accessiBe is a web accessibility solution, “simplifying and streamlining the process of becoming accessible and compliant using machine learning and computer vision technologies.” The widget includes a UI adjustment tool making accessibility modifications on a website and AI machine learning technology which enables screen reader and keyboard navigation adjustments. The developers claim that all adjustments made by accessiBe are compliant with WCAG 2.1 requirements.

The accessiBe widget is enabled by users when they paste JavaScript installation code onto their website. The widget’s AI starts scanning and analyzing the website, addressing necessary modifications. The developers promise that in 48 hours the website will be “accessible and compliant” while the AI will make new scans every 24 hours to address any new content.

What Are the Limitations of accessiBe and Similar Widgets?

Meanwhile, the accessiBe team makes it clear that those who install the widget on their website use it at their own risk. The company’s Terms of Service (as of the date of this report) further state that “the company provides no warranty or undertaking…that the services and the content will meet your requirements, needs or preferences, or…will meet any performance or reliability standard.”

Furthermore, accessiBe highlights that its solutions are not legal services. According to accessiBe Terms of Service, users’ sole and exclusive remedy is to discontinue using the company’s services.

Can You Get Sued for ADA When Using accessiBe?

The short answer is yes. The accessiBe team explicitly tells it that installing its product on users’ websites doesn’t guarantee that the user shall not receive a letter regarding non-compliance. In a recent lawsuit against the company known as Eyebobs, which had used accessiBe on its website, it was made clear that “sole reliance on accessiBe is not sufficient in ensuring full and equal access to a website.”

In the Murphy v Eyebobs LLC case, the plaintiff claimed that the accessiBe overlay widget installed on the Eyebobs website failed to provide screen reader users equal access to the website. In addition, the plaintiff demonstrated that accessiBe:
• failed on a promo pop up,
• failed to make a modal dialog accessible,
• failed on a star rating widget.

Eyebobs lost the case and agreed to take steps to make its website accessible for screen reader users. The company has ditched accessiBe and took additional measures, including implementing accessibility strategy, retaining an accessibility consultant to conduct an audit and ensuring that its website is accessible. In addition, Eyebobs had to pay an incentive award to the plaintiff in the amount of $1,000, the attorney’s fees and the cost to class counsel in addition to its own defense fees.

What Should You Do To Ensure ADA Compliance?

Ironically, one of the best recommendations can be found in accessiBe’s Terms of Service, which suggest that you should contact your attorney to obtain advice on your website compliance. It should also be remembered that most overlay widgets cannot ensure full ADA compliance. Most experts recommend to stop using accessibility widgets and have a comprehensive website audit and website remediation.