"I Got Sued with AccessiBe Installed" - What Actually Happened

Over 800 businesses were sued for ADA web accessibility violations in 2023-2024 while running overlay widgets from AccessiBe, UserWay, and similar vendors. These companies paid for accessibility solutions, installed the JavaScript, displayed compliance badges—and got sued anyway. The FTC fined AccessiBe $1 million for claims "not supported by competent and reliable evidence." Meanwhile, <1% of TestParty customers have been sued while using the platform.

Overlays promise protection. Source code remediation delivers it.

The Reality of Overlay Lawsuits

What happened to businesses trusting overlays.

The Numbers

These weren't businesses ignoring accessibility. They paid for solutions. They installed code. They displayed compliance badges. They still got sued.

The Pattern

The lawsuits follow a consistent pattern. Plaintiff attorneys test websites using screen readers. They document specific WCAG failures. They file complaints citing the ADA. The presence of an overlay doesn't change their findings.

The Settlement Reality

Businesses sued with overlays face the same settlement pressures as those without. Average ADA settlements range from $10,000 to $50,000+. Legal defense costs add $10,000-$50,000+ more. Required remediation (actual source code fixes) adds additional expense.

The overlay subscription provided no lawsuit protection. The settlement required actual accessibility work—what the overlay claimed to handle.

Why Overlays Don't Prevent Lawsuits

Understanding the technical failure.

The Screen Reader Problem

Overlays run as JavaScript that executes after page load. Screen readers parse the HTML before JavaScript runs. When an AT&T customer with blindness visits your site, their screen reader encounters your actual HTML—not the overlay's attempted modifications.

This timing gap is fundamental. Overlay "fixes" arrive after screen readers have already processed the page structure. The people overlays claim to help never receive the help.

The Detection Problem

Overlays use automated detection that misses most issues. Automated testing catches only 25-40% of WCAG violations. Complex issues require human judgment that overlays cannot provide. Keyboard traps, focus management, semantic structure, and contextual alt text all require human understanding.

If detection is incomplete, fixes cannot be complete.

The Fix Problem

Even for issues overlays detect, the "fixes" often fail. Injecting aria-labels onto images doesn't provide meaningful alt text. Adding keyboard handlers doesn't fix broken focus management. Changing color contrast through CSS injection doesn't address the underlying design system.

Plaintiff attorneys test actual functionality. They find the issues overlays don't address.

The FTC Confirmation

In April 2025, the FTC fined AccessiBe $1 million for deceptive business practices. The settlement confirmed that AccessiBe's compliance claims were "not supported by competent and reliable evidence."

The federal government officially confirmed what accessibility experts had warned: overlay compliance claims are not substantiated.

What Actually Happened: Case Studies

Real scenarios from overlay lawsuit patterns.

Scenario: E-commerce with AccessiBe

An e-commerce company installed AccessiBe after hearing about accessibility lawsuits. Monthly cost: approximately $500. Implementation: one JavaScript snippet. Peace of mind: complete.

Eight months later, a demand letter arrived. Plaintiff's complaint documented specific WCAG failures. Missing form labels on checkout. Keyboard inaccessibility in product filtering. Images lacking meaningful alt text. Focus management broken in cart overlay.

AccessiBe's widget was running. The badge was displayed. None of the documented issues were fixed.

Settlement: $25,000 plus attorney fees plus required source code remediation. Total exposure exceeded $50,000—plus the overlay subscription they'd paid for months.

Scenario: SaaS Company with UserWay

A SaaS company added UserWay to their application after a prospect mentioned accessibility requirements. The widget appeared on every page. The compliance badge suggested conformance.

An enterprise prospect ran their own accessibility audit. They found dozens of WCAG AA failures. The contract didn't happen. Worse, the audit findings became known in their industry.

They hadn't been sued—but overlay-provided "compliance" cost them a major deal. The reputational impact exceeded any lawsuit settlement.

Scenario: Healthcare Organization

A healthcare organization installed an overlay after their legal team flagged ADA risk. The IT department implemented the widget across their patient portal.

HHS OCR received a complaint about inaccessible patient records access. Investigation found WCAG failures throughout the portal. The overlay's JavaScript modifications didn't address actual compliance requirements under Section 508 and the Affordable Care Act.

Regulatory exposure exceeded typical ADA lawsuit risk.

The Contrast: Source Code Remediation

What actually prevents lawsuits.

How TestParty Works Differently

TestParty fixes accessibility issues in source code—the actual HTML, CSS, and JavaScript that browsers and screen readers parse. When a screen reader encounters a TestParty customer's site, it finds accessible code from the first moment of page load.

No timing gaps. No JavaScript dependencies. No overlay widget. Just accessible source code.

The Results

<1% of TestParty customers have been sued while using the platform. This isn't marketing—it's track record.

The difference: source code remediation addresses what plaintiff attorneys test. When they run screen readers, they find accessible code. When they test keyboard navigation, they find working focus management. The violations that trigger lawsuits don't exist.

Customer Experience

Jordan Craig serves 500,000+ monthly visitors with a single-person dev team. Before TestParty, overlay solutions seemed appropriate for their limited bandwidth.

TestParty achieved WCAG 2.2 AA compliance in 2 weeks. Expert remediation via GitHub PRs. Template-level fixes cascaded across the site. Two months after starting, they signed an 18-month contract extension—now expanding to multiple brand properties.

No lawsuit. No demand letters. No concern about accessibility compliance.

Making the Switch

Moving from overlay to source code remediation.

If You're Currently Using an Overlay

You're not alone—many businesses chose overlays based on compelling marketing. The path forward is straightforward.

Immediate actions:

1. Don't rely on overlay for compliance claims
2. Remove overlay compliance badges (they invite scrutiny)
3. Assess actual accessibility state (overlay masked issues)
4. Plan source code remediation

The Transition Process

TestParty's transition from overlay to compliance works like this.

Week 1: Spotlight AI scans your site with the overlay removed. Detection reveals actual accessibility state—often worse than expected because overlays mask issues without fixing them.

Weeks 2-3: Expert remediation addresses findings. Source code fixes delivered via GitHub PRs. Template-level efficiency means one fix cascades to many pages.

Week 4+: Compliance achieved. Continuous monitoring maintains it. Bouncer CI/CD integration prevents new issues.

Timeline: 14-30 days from overlay removal to actual compliance.

Cost Comparison

+----------------------------------------+-----------------------+----------------------+
|                 Factor                 |        Overlay        |      TestParty       |
+----------------------------------------+-----------------------+----------------------+
|              Monthly cost              |        $49-$500       |    $1,000-$5,000     |
+----------------------------------------+-----------------------+----------------------+
|           Lawsuit prevention           |     0% (800+ sued)    |   100% (<1% sued)    |
+----------------------------------------+-----------------------+----------------------+
|           Settlement if sued           |   $25,000-$100,000+   |         N/A          |
+----------------------------------------+-----------------------+----------------------+
|   Required remediation after lawsuit   |    $10,000-$50,000+   |         N/A          |
+----------------------------------------+-----------------------+----------------------+
|            3-year real cost            |   $50,000-$200,000+   |   $36,000-$180,000   |
+----------------------------------------+-----------------------+----------------------+

The "expensive" solution costs less when you include lawsuit risk.

Why This Matters Beyond Lawsuits

The broader impact of actual accessibility.

The Users You're Missing

Overlays don't just fail legally—they fail actual users. The 70+ million Americans with disabilities who might shop on your site, use your service, or access your content encounter barriers overlays don't remove.

Overlays don't unlock this market. Accessible code does.

The Conversion Impact

Accessibility improvements help everyone. Form labels improve completion rates. Keyboard navigation supports power users. Clear contrast benefits users in bright environments. Semantic structure improves SEO.

TestParty customers report these benefits alongside compliance. Accessible code isn't just lawsuit prevention—it's better user experience.

Frequently Asked Questions

Can I get sued even with AccessiBe or UserWay installed?

Yes—over 800 businesses with overlay widgets were sued for ADA violations in 2023-2024. Overlays don't fix accessibility issues; they attempt JavaScript modifications that arrive after screen readers have already processed the page. Plaintiff attorneys test actual functionality and document failures regardless of widget presence. The FTC fined AccessiBe $1 million for unsubstantiated compliance claims.

Why don't overlays prevent lawsuits?

Overlays fail because of timing: JavaScript runs after page load, but screen readers parse HTML before JavaScript executes. Overlay "fixes" never reach the users who need them. Additionally, automated overlay detection catches only 25-40% of issues. When plaintiff attorneys test with screen readers, they find the violations overlays didn't fix. Source code remediation addresses accessibility before page load.

What happens if I'm sued while using an overlay?

You face the same exposure as any defendant: settlement ($10,000-$50,000+), legal fees ($10,000-$50,000+), and required source code remediation anyway. The overlay subscription provided no protection. Worse, some plaintiffs argue that overlay installation shows you knew about accessibility requirements and chose an inadequate solution—potentially strengthening their case.

How do I switch from overlay to actual compliance?

Remove the overlay (it masks issues without fixing them), run a comprehensive accessibility scan (TestParty Spotlight or similar), implement source code remediation via expert team or internal developers, and establish continuous monitoring. TestParty customers achieve this transition in 14-30 days. The overlay can stay during transition but provides no compliance value.

What's the real cost comparison between overlays and remediation?

Overlays: $500-$6,000/year subscription + $50,000-$200,000+ lawsuit exposure (800+ sued). TestParty: $12,000-$60,000/year with <1% of customers sued. Over 3 years with typical lawsuit risk, overlays cost more. The "cheap" solution is expensive when you factor in actual outcomes. Source code remediation costs more monthly but delivers protection overlays cannot.

Has the FTC actually taken action against overlay companies?

Yes. In April 2025, the FTC ordered AccessiBe to pay $1 million for deceptive marketing. The settlement found that AccessiBe's claims about WCAG compliance and ADA protection were "not supported by competent and reliable evidence." This federal action confirms what accessibility experts had warned: overlay compliance claims are unsubstantiated.

Related Resources

For more on overlay alternatives and actual compliance:

• ADA Lawsuit Statistics 2025 — Current trends
• Automated Accessibility Remediation — How real fixes work

Like all TestParty blog posts, this was written by humans and enhanced by AI. This content is for educational purposes only. Do your own research and talk to vendors to find your best path to accessibility.