ARTICLE
13 January 2025

FTC Finds Website Overlay Tool Failed To Deliver Accessibility Promises

FK
Frankfurt Kurnit Klein & Selz

Contributor

Frankfurt Kurnit provides high quality legal services to clients in many industries and disciplines worldwide. With leading practices in entertainment, advertising, IP, technology, litigation, corporate, estate planning, charitable organizations, professional responsibility and other areas — Frankfurt Kurnit helps clients face challenging legal issues and meet their goals with efficient solutions.
The Federal Trade Commission announced on January 3, 2025, a proposed settlement with software provider accessiBe over alleged misrepresentations about its AI-powered web accessibility tool.
United States Media, Telecoms, IT, Entertainment

The Federal Trade Commission announced on January 3, 2025, a proposed settlement with software provider accessiBe over alleged misrepresentations about its AI-powered web accessibility tool. According to the FTC, the company marketed and sold a software plug-in claiming it could automatically make any website compliant with the Web Content Accessibility Guidelines (WCAG) within 48 hours. AccessiBe will pay $1 million in penalties and be prohibited from engaging in deceptive practices.

The FTC's complaint alleges that, contrary to accessiBe's promises, its plug-in failed to make many basic website components accessible, such as navigation menus, form fields, and image descriptions. These components are essential for users who rely on assistive technologies like screen readers. It also alleges that accessiBe deceptively formatted advertisements as impartial third-party reviews and articles, without disclosing they paid for those endorsements.

This enforcement action is the latest example of the FTC's ongoing, concerted effort to rein in harms related to AI-related marketing claims. In September 2024, it announced five settlements with companies over alleged deceptive or unfair advertising or marketing practices. December saw a similar action against an AI-powered facial recognition software developer. Last week, the Commission's Office of Technology and Division of Advertising Practices issued a joint blog post to companies about "AI's potential for and real-world instances of harm," comprising warnings about inflated claims harming consumers.

Key Takeaways for Businesses

Tread carefully with sensitive areas. Businesses must meticulously vet their claims to avoid misleading implications, especially in protected areas. Examples of common past enforcement topics include health and medical claims, addiction recovery, weight loss and diet products, children's advertising, non-English speaking groups, alcohol and tobacco marketing, and facial recognition technology. Website accessibility falls squarely within this effort to protect vulnerable populations given the clear connection it can have to consumer harm.

Avoid obfuscating endorsement. The FTC demands transparency: businesses cannot disguise paid endorsements as independent reviews. In this case, accessiBe allegedly paid for reviews and articles on third-party websites while making them appear to be independent content. Any relationship affecting the endorsement's weight or credibility must be disclosed clearly and in close proximity to the endorsement. Avoid burying disclosures in fine print or using hyperlinks or pop-ups, and do not ask reviewers to omit or remove the disclosure of such connections.

Ensure products work across different user needs and contexts. AccessiBe's product failed to account for consumers using screen readers, keyboard navigation, and other assistive technologies. Businesses should thoroughly test products for various user needs and contexts, especially when dealing with accessibility.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More