Earlier this month, the Federal Trade Commission (FTC) issued a landmark decision, requiring AI-driven software developer accessiBe to pay $1 million for deceptive advertising practices regarding their AI accessibility widget. The company’s flagship product, accessWidget, claimed to make users’ websites compliant with Web Content Accessibility Guidelines (WCAG) and Section 508 of the Americans with Disabilities Act (ADA). So, how does accessiBe’s accessWidget work? Simply put, the AI accessibility widget used overlays to place additional elements within the website. They claimed this was compliant with the ADA and WCAG standards.
However, AI widgets like accessWidget don’t actually change anything on the website. You may be wondering, “Is an AI widget enough to achieve ADA compliance in the first place?” According to the FTC, the answer is an unequivocal no. Their case held that accessiBe’s claims were overstated and unsubstantiated, which led to non-compliant documents and websites, as well as misleading promises about the effectiveness of this tool and many others like it.
Why this matters
Accessibility is a critical issue in our digital landscape. For millions of people with disabilities, web accessibility is not a luxury. It’s a necessity to help ensure equal access to information, services, and opportunities. Tools like accessiBe’s accessWidget appeal to businesses who are eager to comply with government regulations – it’s a bonus when they offer automated accessibility tools with little effort from you while promising to achieve compliance quickly and easily. However, the FTC is cracking down on those companies, like accessiBe, whose promises and actual performance don’t line up. Samuel Levine, Director of the FTC’s Bureau of Consumer Protection said, “Companies looking for help making their websites WCAG compliant must be able to trust that products do what they are advertised to do. Overstating what your AI product can deliver isn’t just deceptive – it’s illegal.” This statement underscores the FTC’s commitment to holding companies accountable for misleading claims, particularly when those claims affect a company’s adherence to federal compliance standards.
This case highlights a growing trend where businesses overstate and exaggerate the capabilities of their products, especially those that use artificial intelligence. The FTC’s settlement with accessiBe demonstrates that such overestimations will not be allowed to go unchecked. Additionally, this case is a part of a broader effort by the FTC to regulate deceptive marketing tactics, especially those related to AI. In September 2024, they launched an initiative targeting companies that misuse AI for deceptive and/or unfair practices. The FTC’s message is clear: companies must back up their claims with evidence, especially when marketing complex and emerging technologies. But this case isn’t just about accessiBe – it will affect many companies and corporations who use AI and prioritize accessibility.
Your next steps
AI is often promoted as a magic wand that will fix all your problems, but this is rarely the case. When it comes to making your company’s accessibility solutions for websites and documents, rarely is there a magic solution. Accessibility isn’t just a checkbox, rather, it’s a commitment to inclusivity and equal access for all. There are many WCAG and 508 remediation solutions available for you, but AI overlay widgets are not one of them.
If you’ve been impacted by misleading accessibility claims, or if you’re just beginning to get involved with Section 508 and WCAG compliance, Splash Box Marketing is here for all your analog and digital accessibility solutions. We never use widget overlays, instead taking the time to make sure your products are fully compliant. We specialize in remediation of websites, PDFs, Word documents, Excel sheets, PowerPoint presentations, large font documents, audio files, video files, and so much more.
Whether you’re continuing your accessibility journey or just getting started, Splash Box Marketing is the resource to help with your accessibility journey. Contact us today at info@splashbox.com or visit our website at splashbox.com/accessibility for more information.