AccessiBe Faces Class Action Lawsuit Over Alleged Misrepresentation of ADA Compliance and AI Accessibility Capabilities
On June 24, 2024, a dermatology practice in New York City filed a class action lawsuit against AccessiBe, a web accessibility overlay provider, alleging false advertising and ineffectiveness of its AI-powered website accessibility plugin called “accessWidget.” The lawsuit claims that AccessiBe’s product fails to make websites fully compliant with ADA standards, as promised by AccessiBe, leaving businesses vulnerable to accessibility lawsuits.
Background
In recent years, businesses have faced a surge in ADA lawsuits due to allegedly inaccessible websites. Tribeca Skin Care, the plaintiff in a class action lawsuit against AccessiBe, encountered such a situation in January 2024. Despite relying on AccessiBe’s accessWidget to ensure ADA and Web Content Accessibility Guidelines (WCAG) compliance, Tribeca found itself facing legal action.
The lawsuit outlines discrepancies between accessiBe’s promises and its actual delivery, along with assurances made regarding legal support in the event of a lawsuit. Consequently, AccessiBe is accused of violating several New York state laws, including Breach of Contract, Breach of the Covenant of Good Faith and Fair Dealing, and Breach of Implied Warranty.
Filed in the Southern District of New York’s federal court, the class action seeks to represent all entities that purchased AccessiBe’s accessWidget or accessFlow subscriptions within a specified limitations period. As the case progresses, this period will be determined.
The primary concern revolves around AccessiBe’s claims regarding its products’ efficacy in achieving ADA compliance and meeting WCAG recommendations. The complaint, echoing claims made by disability rights advocates for years, argues that AccessiBe’s widget not only fails to provide the promised compliance but may also impede accessibility by interfering with necessary assistive technologies used by individuals with disabilities. Furthermore, businesses utilizing AccessiBe’s products are allegedly more likely to become targets of accessibility-related lawsuits.
Implications
Businesses relying solely on overlay solutions like AccessiBe may be exposed to potential legal risks and financial consequences. It is crucial for website owners to assess their current accessibility strategies and consider incorporating manual testing and remediation methods to maintain ADA compliance.
Key Takeaways:
To mitigate potential legal exposure, we advise our clients to:
- Review their existing web accessibility strategies, including any reliance on automated solutions like “accessWidget”;
- Collaborate with accessibility experts to conduct manual testing and remediation of website code based on the WCAG;
- Monitor ongoing developments in the AccessiBe class action lawsuit and other legal proceedings related to web accessibility.
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. Companies should carefully review the accessibility of their websites and digital content privacy in light of this complaint against AccessiBe. Our firm is available to provide comprehensive compliance support so that your websites meet ADA and WCAG standards and avoid costly legal exposure.
Michal Nowicki – Tel: 703-714-1311 / E-mail: mjn@commlawgroup.com
