The Federal Trade Commission (FTC) has announced a proposed consent order requiring accessiBe, Inc. and accessiBe Ltd. to pay $1 million to settle allegations that the company engaged in deceptive advertising practices related to its AI-powered web accessibility tool, accessWidget.
As previously reported in our client advisory, the company faced allegations of misrepresenting ADA compliance and AI accessibility capabilities. The FTC alleges that accessiBe misrepresented its product’s ability to make any website fully conform to the Web Content Accessibility Guidelines (WCAG) and failed to disclose material connections to online reviewers.
Key Provisions of the Consent Order
Under the proposed order, accessiBe will:
- Cease False Compliance Claims: The company is prohibited from claiming that its automated tools, including accessWidget’s AI, can make websites WCAG-compliant or ensure ongoing compliance unless such claims are backed by reliable evidence.
- Prohibit Misrepresentation: The order bars accessiBe from misrepresenting material facts about its products, including their features, performance, and benefits.
- Disclose Material Connections: accessiBe must clearly disclose any material connection between the company and third-party endorsers or reviewers.
- Pay $1 Million Settlement: The payment may be used to provide refunds to consumers affected by the company’s deceptive practices.
The proposed consent order will undergo a 30-day public comment period before the FTC decides whether to finalize it. Violations of a finalized order may result in civil penalties of up to $51,744 per incident.
Implications
This case underscores the importance of transparency and accuracy in marketing claims, particularly in the accessibility space. Businesses should also be aware that while it may be tempting to install an accessibility plug-in in the hope that it will cure all accessibility compliance gaps, no website accessibility overlay alone is an adequate substitute for incorporating accessibility into every stage of web development or redesign. Comprehensive accessibility efforts include manual testing, automated audits, and adherence to best practices.
NEED HELP WITH DIGITAL ACCESSIBILITY COMPLIANCE?
The CommLaw Group Can Help!
As always, our firm remains committed to providing up-to-date legal guidance and support to help our clients navigate the ever-evolving digital landscape. In light of this Order, Companies should carefully review the accessibility of their websites, software, and digital content, including electronic documents and multimedia. They should further avoid making any representations (publicly or privately to current or prospective customers) suggesting that their offerings are more accessible to people with disabilities than they actually are. Any company that is unsure about the accessibility of its websites or products is strongly encouraged to seek expert guidance before offering assurances to anyone that its offerings meet applicable accessibility legal requirements or industry standards. Our firm is available to provide comprehensive compliance support so that your offerings meet WCAG or other applicable standards, and avoid costly legal exposure.
Michal Nowicki – Tel: 703-714-1311 / E-mail: mjn@commlawgroup.com
