FTC Alleges AccessiBe Made Deceptive Claims About Web Accessibility Tool

The Federal Trade Commission (FTC) aims to require software provider accessiBe to pay $1 million to settle the agency’s allegations that the company made deceptive claims about its product and failed to disclose its material connections to online reviewers.

The agency’s proposed order would also prohibit accessiBe from engaging in the alleged illegal conduct, the FTC said in a Friday (Jan. 3) press release.

The company sells an artificial intelligence (AI)-powered web accessibility software plug-in called accessWidget and says it can make any website compliant with Web Content Accessibility Guidelines (WCAG), according to the FTC’s press release.

The FTC’s complaint alleges that the company’s claims are deceptive because the tool did not make all user websites WCAG compliant, the release said.

The complaint also alleges that accessiBe deceptively made third-party articles and reviews appear to be independent opinions by impartial authors, failing to disclose that the company had material connections to those reviewers, per the release.

“Companies looking for help making their websites WCAG compliant must be able to trust that products do what they are advertised to do,” Samuel Levine, director of the FTC’s Bureau of Consumer Protection, said in the release. “Overstating a product’s AI or other capabilities without adequate evidence is deceptive, and the FTC will act to stop it.”

Reached by PYMNTS, an accessiBe spokesperson said in an emailed statement that the settlement the company reached with the FTC is a no-admission settlement and that the company’s new management team is committed to accessiBe’s mission to “make the internet an accessible and inclusive place for everyone.”

“We strongly disagree with the FTC’s allegations and characterizations, which are largely based on flawed testing methodologies and outdated information,” the statement said. “The FTC’s complaint does not in any way challenge our ability to ensure that our customers’ websites are compliant with the Americans with Disabilities Act (ADA), the relevant law governing website accessibility. This settlement ensures that we can move forward without this distraction.”

The statement added that accessiBe offers affordable and workable options that help businesses comply with the ADA and that it constantly works to create a more inclusive world.

“Consistent with our commitment to transparency, we continue to take steps to ensure even greater clarity in our marketing materials,” the statement said.

The proposed agreement will be subject to public comment for 30 days after its publication in the Federal Register before the FTC decides whether to make it final, according to the FTC press release.

The WCAG are often cited in Americans with Disabilities Act (ADA) rulings, so compliance with these digital accessibility standards can have definite legal implications, according to the February 2022 edition of PYMNTS Intelligence’s “Digital First Banking Tracker®.”

The FTC’s announcement of its proposed order against accessiBe came on the same day that the agency said it approved a final order against Sitejabber, a company that the agency accused of misleading people about the consumer reviews shown for companies and their products.

In that case, the FTC prohibited Sitejabber from making or facilitating misrepresentations about ratings and reviews.