Why Accessibility Overlays Don't Work (And What To Do Instead)
In April 2025, the Federal Trade Commission fined accessiBe $1 million for misleading accessibility compliance claims. In the first half of 2025, 22.6% of all US ADA web accessibility lawsuits were filed against sites with overlay widgets installed.
If you are paying for an accessibility overlay, the evidence says it is not protecting you. This article covers why, and what to do instead.
What overlays are
An accessibility overlay is a JavaScript widget you add to your site. It shows a small icon - usually in the bottom corner - that opens a panel with toggles for font size, contrast, cursor size, and similar adjustments.
Overlay vendors sell these as compliance solutions. The pitch: paste this script tag, your site meets WCAG standards, you're protected from lawsuits.
The reality is different.
Why they don't work
Overlays run after the page loads. They can adjust surface-level presentation - colours, font sizes, spacing - but they cannot change your site's underlying HTML structure.
They cannot:
- Add meaningful alt text where none exists
- Fix broken heading hierarchies
- Add labels to unlabelled form fields in a way screen readers understand
- Resolve keyboard traps
- Make a div that pretends to be a button actually behave like one
- Restructure content for logical reading order
Most accessibility barriers are structural code issues. A runtime JavaScript widget cannot fix them.
The evidence
The FTC. Ordered accessiBe to pay $1 million, ban specific marketing claims, and notify all customers that the product does not make websites WCAG-compliant.
The courts. Federal courts in the US have consistently rejected overlay installation as evidence of good-faith ADA compliance.
The litigation data. 22.6% of ADA lawsuits in H1 2025 targeted overlay sites. Plaintiffs' attorneys specifically look for overlay widgets because the tools often create additional accessibility barriers.
The users. Screen reader users overwhelmingly report that overlays interfere with their assistive technology.
The class action. A $1.2 million class action settlement against accessiBe began payouts in January 2026.
What to do instead
If you currently have an overlay, here is a practical migration path:
1. Run an honest scan. Turn off the overlay temporarily and scan your site as it actually is. Use a multi-engine scanner for the most complete picture. Lumi runs five engines and is free to try.
2. Prioritise by severity. Not all issues are equally serious. Critical issues (things that completely block users) come first. Serious next. Moderate and minor can be addressed over time.
3. Fix the code. Many accessibility issues are straightforward code changes: adding alt text, fixing labels, increasing contrast, restructuring headings. A developer can often fix dozens of issues in a day.
4. Get a manual audit. For the 50-70% of issues automated tools cannot catch, you need expert human testing with real assistive technology. This is what Livana provides.
5. Monitor continuously. Sites regress. New features ship, new images go up without alt text, focus indicators get removed. Automated scanning on a schedule catches regressions before they become entrenched.
The cost comparison
For a typical small to medium website:
- Overlay: GBP 400-1,200 per year. Does not achieve compliance.
- Lumi Solo + manual audit: GBP 348/year (GBP 29/month x 12) + GBP 3,000-5,000 audit = GBP 3,348-5,348. Achieves compliance.
- Lumi Pro + manual audit: GBP 708/year (GBP 59/month x 12) + GBP 3,000-5,000 audit = GBP 3,708-5,708. Achieves compliance with multi-site monitoring.
The overlay is cheaper. It also does not work and does not reduce your legal risk. Real compliance costs more upfront but is also the only approach that would have prevented the lawsuit.
Getting started
Scan your site free at lumi.livana.io to see your real baseline. If you want expert help, the Livana audit team is at livana.io.
