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  • Why Accessibility Overlays Might Make You a Target

    Why Accessibility Overlays Might Make You a Target

    For many website owners, ensuring their site is accessible to everyone, especially those with disabilities, is a priority. This makes sense, not only from an ethical standpoint but also from a legal one. Web accessibility has become a hot topic, with the Americans with Disabilities Act (ADA) taking action against websites that fail to provide equal access. One solution that has garnered attention is the use of overlay widgets. However, if you’re considering using overlay widgets to meet these demands, pause! This may not be the solution you think it is.

    In this post, we will explore the pitfalls of relying on such solutions and why they may not be the best choice for safeguarding your online business.

    What is an Overlay Widget?

    In simple terms, an overlay refers to tools or technologies that incorporate third-party code, typically JavaScript, into a webpage to enhance accessibility. Over recent years, these overlays have surged in popularity and are now featured on numerous websites across the internet. Among the many available, UserWay and accessiBe stand out as the top contenders on the market.

    For a monthly charge, these tools claim to offer complete ADA and WCAG compliance, shielding them from litigation and an improved user experience for people with disabilities, all by adding just a single line of code to a website. 

    On the surface, it sounds ideal for website owners wanting a quick solution. But the truth is more complex.

    What Do Accessibility Overlays Claim to Offer? 

    These overlay companies often promise three key concepts to consumers:

    1. Your website will be fully accessible 
    2. Their technology will automate fixes, removing the need for web accessibility experts.
    3. Their products will protect you from accessibility lawsuits.

    Does it sound too good to be true? It is. While overlays might seem like a cost-effective solution for web accessibility, they might leave hopeful business owners with a target on their backs.

    Accessibility Experts Voicing Concern

    Experts in web accessibility have expressed skepticism about the effectiveness of accessibility overlays. Many experts argue that these tools may create a false sense of compliance and fail to address the root causes of accessibility issues.

    Around 800 experts in accessibility have promised not to support, suggest, or use overlays that pretend to comply with laws or standards automatically. Karl Groves, an industry expert with over 20 years of experience, has put together a detailed fact sheet and statement from these experts, and it’s available on overlayfactsheet.com as a helpful online resource.

    But why are these experts opposing overlays? First, we have to talk about ADA Compliance.

    What is ADA Compliance?

    While using an overlay may help meet some rules in accessibility standards, it cannot ensure

    Conformance means meeting or satisfying the requirements of the web accessibility standards. According to Web Content Accessibility Guidelines (WCAG), the ‘requirements’ for web accessibility are called Success Criteria. To conform to WCAG’s guidelines, you must meet or satisfy all the Success Criteria.

    Since conforming to a standard involves meeting all its requirements, products that claim to bring a website into compliance but cannot fix all issues should be approached with caution.

    Why Overlays Are Not Fully Accessible

    Here’s a simplified analogy: Imagine a pothole in the road. Instead of fixing it properly, someone places cardboard over it. It might look covered, but it’s still there, and it’s just a matter of time before someone falls through.

    Similarly, while overlay widgets might give the appearance of an accessible website, they often merely cover up underlying issues. The worst part? Sometimes, they introduce new problems.

    The Limitations of Accessibility Overlays

    While overlays may provide some surface-level improvements, they often fail to address the comprehensive requirements for ADA compliance. Automated fixes can be incomplete or inaccurate, leaving certain accessibility issues unaddressed and potentially leading to legal consequences.

    Here’s why:

    • Partial Fixes: While overlays can assist in certain areas, like making text bigger for those with vision problems, they don’t treat the root problems in the website’s code, leaving site owners vulnerable to ADA lawsuits.
    • Inconsistency: Overlay performance can be unpredictable across different devices and browsers, particularly on mobile.
    • False Assurance: Sole reliance on overlays can be deceptive. They detect only about 30% of accessibility barriers. The intricate WCAG guidelines mean that overlays can only handle some necessary adjustments. A hands-on review is needed to find the remaining 70% of issues.
    • User Experience: Some overlay tools give users an overwhelming number of choices, making things more perplexing or even creating new hurdles for disabled users.
    • Conflicts with Assistive Tools: Many people with disabilities use specific tools to navigate the web. Overlays can disrupt these tools, making the website even less accessible. 

    To learn more about how overlay widgets fail to make a website compliant, check out our blog post, Why AI & Overlay Widgets Fail ADA Website Compliance.

    Overlays Don’t Protect Against Web Accessibility Lawsuits

    Many website owners opt for overlay widgets, believing they will shield them from potential lawsuits. However, this couldn’t be farther from the truth. Some advocates argue that these overlays can create a false impression of compliance, attracting attention from individuals keen on holding non-compliant websites accountable or with a desire for a quick payout.

    At the 2021 Digital Accessibility Legal Summit, Jeremy Horelick, Jason Taylor, and Richard Hunt discussed overlays being marketed as one-step software solutions for website accessibility. The answer was a clear no when asked if overlays reduce the risk of litigation expenses.

    “They absolutely do not. And there are two reasons why this is true. The first reason is simply because they don’t actually fix websites. […]

    The other reason is because the law firms, not all the law firms, but many of the law firms that are in this area do not care whether the website is really accessible or not. Their desire is to find something that they can identify as an error, usually by measuring it against WCAG, and if they can find that error, they can file a lawsuit in good faith. Remembering that their goal is to settle the lawsuit as soon as possible.”

    Accessibility Overlays Can Make You A Target

    Using an overlay widget is like announcing, “I’m trying to be compliant.” But when that compliance is only surface-deep, it can make you an easy target for litigation.

    So you might wonder, “Why would an overlay make me a target?” Here’s a deep dive into the mechanics:

    Lawsuit Mechanics

    Lawsuits related to web accessibility often rely on demonstrating that a website remains non-compliant despite attempts to rectify it. Scanning tools most plaintiff firms use won’t reliably pick up the solutions provided by widgets and overlays. While suggesting an effort to comply, overlay widgets often fall short of genuine accessibility. As such, your site will “scan” in exactly the same way and not at all change the initial filter most plaintiff firms use to determine who to go after. This discrepancy provides an avenue for legal action.

    Lawsuit Claims

    Most lawsuits nowadays don’t primarily address WCAG compliance concerns. They cite issues of functional use—things that impact a person with a disability’s ability to use a site. However, overlays won’t affect those claims and will often worsen the functionality. Many claims pinpoint overlay widgets’ inconsistent and ineffective nature, emphasizing that they don’t provide a uniform solution for every user.

    Public Record Evidence

    Implementing a widget or overlay on your website highlights potential shortcomings in your approach to accessibility. This public display could be referenced in future legal proceedings as evidence of your organization’s consistent lack of attention to accessibility. In the context of the ADA, this could be seen as a failure to adapt policies, practices, and procedures to ensure accessibility.

    2023 Overlay Litigation Wave

    In 2023, we saw 933 websites become targets for ADA non-compliant lawsuits because they relied solely on overlay widgets. This marked a notable 62% increase from the previous year. The legal actions brought against these companies often point fingers at the features and functions of these widgets, claiming they contribute to accessibility issues, along with the common failures outlined in WCAG.

    Attorney Richard Hunt, who specializes in digital ADA cases at Hunt Huey PLLC, was among the first to focus on such legal matters. In a post titled “Is there a silver bullet for ADA website accessibility? Sorry, but the answer is no,” he emphasized that using an accessibility overlay or widget won’t protect businesses from ADA lawsuits. 

    Hunt stated, “If your business wants to avoid getting sued under the ADA because of an inaccessible website an accessibility overlay or widget isn’t going to help you. I can say this with some certainty because in the last two weeks alone five lawsuits have been filed against businesses that use an accessibility widget or overlay on their websites.”

    Privacy Concerns

    Besides potential legal problems tied to web accessibility, privacy concerns have surfaced. Overlays that automatically activate certain features, such as those for screen reader or speech recognition users, do this by detecting when an assistive technology is in use on the device. This reveals that the person using the device at that time has a disability. In some instances, it even exposes more personal information, like age, ethnic background, or preferred gender. Collecting such data should only happen with the informed consent of the person to whom it belongs.

    Privacy Concerns and Legal Consequences

    Some overlays keep users’ settings consistent across different websites that use the same overlay. This is achieved by placing a cookie on the user’s computer. When the user activates a setting for a specific overlay feature on one site, the overlay will automatically activate that feature on other sites. 

    Although the overlay company may believe they are benefiting the end user, the major privacy issue is that the user never agreed to be tracked, and there’s no way to opt out. Because there’s no opt-out option (except for explicitly turning off that setting), this poses a risk under the General Data Protection Regulation (GDPR) and  California Consumer Privacy Act (CCPA) for the overlay customer.

    What Actions Should Website Owners Take?

    For website owners, the lesson is clear. While overlay widgets might seem like an easy fix for web accessibility, they’re anything but. Not only do they fail to address the root accessibility issues, but they also paint a target on your back for potential litigation.

    If you’re a website owner considering using overlay widgets, tread cautiously. Instead of looking for shortcuts, invest in a comprehensive web accessibility evaluation and manual review from the experts at 216digital to ensure that all accessibility barriers are identified and addressed correctly. 

    It is crucial to recognize the limitations of AI and use it in conjunction with other accessibility tools, such as regularly testing and evaluating accessibility compliance through automated and manual audits. By adopting a multi-faceted approach to accessibility, you can minimize the risk of legal action and make sure that digital content is accessible to all users. 

    Team Up with 216digital

    After years of analyzing ADA lawsuits, we’ve discerned the tactics used by law firms to pinpoint websites for groundless ADA claims and how to protect businesses against them. Our team of accessibility experts can also develop strategies to integrate WCAG 2.1 compliance into your development roadmap on your terms to save you from potential legal headaches in the future.

    Remember, web accessibility is not just about legal compliance but about creating an inclusive web for all. So don’t wait any longer—find out where you stand by scheduling a complementary ADA Strategy Briefing today.

    Greg McNeil

    February 27, 2024
    216digital, ADA Compliance, ADA Web Accessibility
    Accessibility, ADA Compliance, ADA Web Accessibility, ADA Website Compliance, Ai and Overlay Widgets, Overlay widgets, Website Accessibility, Website Accessibility Tools
  • Why AI & Overlay Widgets Fail ADA Website Compliance

    Why AI & Overlay Widgets Fail ADA Website Compliance

    As the digital world continues to evolve, many businesses are turning to Artificial Intelligence (AI) and overlay widgets to make their websites accessible. While these technologies are marketed as solutions to make websites ADA compliant, they often fail to deliver on that promise. In fact, they often make websites less accessible for those with disabilities.

    What are AI and Overlay Widgets?

    AI and overlay widgets work by modifying a website’s code with a snippet of JavaScript, usually in the form of a toolbar, plugin, app, or widget. However, while they claim to detect and correct web accessibility barriers dynamically, overlays do not fix the website’s source code. Instead, they can detect fundamental accessibility issues, such as color contrast and text size, to make modifications. While overlays might seem like a cheap and beneficial method for web accessibility, they do not fix the underlying code. Leaving website owners exposed to the risk of an ADA lawsuit.

    Why Overlay Solutions Fail to Deliver True Web Accessibility

    Many AI and overlay solutions are used as a band-aid to cover up fundamental web accessibility issues. Still, they do not resolve the critical accessibility issue. Relying on an AI or overlay tool as a long-term solution can open you to legal risk, and provide a false sense of security.

    Web Accessibility Barriers Not Resolved with AI and Overlay Widgets

    One of the biggest problems with AI and overlay widgets is that they do not address the inherent access barriers on websites. These technologies are designed to make websites more accessible for people with disabilities. However, they need to address the underlying issues that make websites inaccessible in the first place. Unfortunately, the WCAG guidelines are too complex for overlay tools to provide the robust modifications required.

    So, what issues are ignored by AI and overlay widget tools?

    • Multi-level navigation menus not navigable via keyboard
    • Newsletter popups, flyout carts, and other modals do not trap or automatically receive focus
    • Logical tab order violations
    • Images, buttons, and form fields that have incorrect labels
    • Buttons created using non-interactive HTML tags that cannot be operated via keyboard

    While most of these issues are not visible to all users, these issues are significant barriers for users with disabilities. This means that while AI and overlay widgets may provide some level of accessibility, they often fail to make websites usable for those with disabilities.

    Overlays Can Increase Accessibility Barriers

    AI and overlay widgets can increase accessibility barriers. These technologies may add additional steps or layers to the user experience. Making it more difficult for people with disabilities to navigate and interact with websites. This can be especially problematic for people with cognitive disabilities, who may struggle with the added complexity of using AI and overlay widgets.

    AI and Overlay Widgets Override Existing Assistive Technology Tools

    Furthermore, AI and overlay widgets can affect users’ existing assistive technology tools. Making it difficult for people with disabilities to use the technology they already rely on to access websites, such as screen readers or voice recognition software.

    Additionally, AI and overlay widgets may not be able to interact with these tools in a way that benefits all users. This can create a frustrating and inaccessible experience for those with disabilities, who may feel that the added technology is just another barrier to accessing information and services online.

    Overlays Prevent an Inclusive Web Experience

    By adding additional layers of technology to websites, these technologies can create a sense of exclusion for those with disabilities, who may feel that they are not part of the mainstream online experience. This can also lead to a lack of engagement and motivation to use websites and participate in online communities.

    These barriers can lead to poor brand perception and potential loss of revenue. By using overlays, you are offering people with disabilities a different web experience with reduced functionality. This directly contradicts the goal of digital inclusion. Creating an inclusive web experience entails fixing accessibility issues to create one accessible, homogenous brand experience.

    AI and Overlay Widgets Hinder Website Performance

    AI and overlay widgets can slow website performance, making it more difficult for all users to access information quickly and efficiently. In addition, these technologies often rely on complex algorithms and software that can be resource-intensive. Resulting in longer screen loading times and making it difficult for users to access the website and its content. This can be especially problematic for people with mobility or motor disabilities. As they may have limited time to interact with websites and need quick and responsive access to information.

    Overlays Solution Increase Legal Liability

    Finally, AI and overlay widgets increase legal liability. AI and overlay widgets are automated technology utilizing complex algorithms and software. However, automated scans can only detect 30% of web accessibility errors. The remaining 70% of the issues are detected only through manual testing. While some overlay providers provide manual testing and remediation services, this often comes at a hefty cost for the website. The remediation is only applied to the overlay layer, exposing the underlying barriers.

    If a website is not accessible to users with disabilities, it violates laws such as the Americans with Disabilities Act (ADA). Unfortunately, AI and overlay widgets cannot provide the level of accessibility required by these laws. Therefore, increasing the legal liability for website owners with accessibility overlays or widgets installed. In fact, there has been an upward trend of lawsuits filed against companies with accessibility overlays or widgets installed. With 400 lawsuits being filed in 2021 and 600 in 2022.

    What Should Website Owners Do Instead of Using Overlays?

    While AI and overlay widgets might seem like an easy solution to protect your website, you must adapt the WCAG 2.1 guidelines and best practices into an ongoing process.

    As you make changes to your website, new accessibility issues can arise. So, it is essential to test your website often. And although AI and overlay widgets should be avoided, not all digital technology is bad. For example, automated testing is an efficient and reliable tool to regularly check your website for low-hanging barriers and stay on top of WCAG compliance. But, of course, even the best-automated accessibility solution will not be able to detect every problem. That is why manual testing by accessibility experts who know what to look for is required. Luckily, 216digital has ADA experts to provide risk mitigation, manual testing, ADA remediation, and ongoing monitoring services to help you achieve your accessibility goals and needs.

    Conclusion

    While AI and overlay widgets may seem like a good idea for web accessibility, they fail to deliver. These technologies can increase accessibility barriers, affect users’ existing assistive technology tools, prevent inclusive web experiences, slow website performance, and increase legal liability. Instead of relying on these technologies, businesses should focus on creating truly accessible and inclusive websites that meet the needs of all users, including those with disabilities.

    The 216digital web accessibility experts are ready to help you through each step of your accessibility journey. Answering your questions and resolving each obstacle. From ADA Accessibility Lawsuit Risk Mitigation to expert ADA Remediation, we put you in a position of strength. We understand how websites get targeted for frivolous lawsuits and what to do to keep you off the radar of law firms that specialize in filing ADA lawsuits.

    Become web accessible on your terms with 216digital by developing a strategy to integrate WCAG 2.1 compliance into your development roadmap as part of the development process. Learn more about how the ADA experts at 216digital can help achieve ongoing real-world accessibility on your terms by scheduling an ADA Strategy Briefing today.

    Greg McNeil

    February 14, 2023
    216digital, ADA Web Accessibility
    Accessibility, ADA Compliance, ADA Website Compliance, Ai and Overlay Widgets, Website Accessibility, Website Accessibility Tools

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