top of page
Search

Why Website Accessibility Widgets Aren't Enough—And What Actually Works

If you're using an affordable website builder like GoDaddy, Wix, or Squarespace and thought adding an accessibility widget would protect you from ADA lawsuits, we need to have an honest conversation. The short answer: it won't.



The FTC's Wake-Up Call

In January 2025, the Federal Trade Commission fined AccessiBe one million dollars for making deceptive claims about its accessibility widget. AccessiBe marketed their product as providing "full compliance guaranteed" and promised a "one-line-of-code" solution to ADA compliance. The FTC found this was false advertising. Dozens of similar companies are making nearly identical claims with their own widgets.

Here's the problem: overlay widgets and accessibility tools that promise quick fixes do not actually make websites compliant with the Web Content Accessibility Guidelines 2.1 Level AA—the standard that courts use to evaluate ADA website cases. And courts know this. In the first half of 2025 alone, 456 lawsuits were filed against websites that had active accessibility overlays installed at the time the complaint was filed. The widget did not prevent the lawsuit.


Website Builders Don't Guarantee Compliance Either

You might assume that because you're using a template from GoDaddy, Wix, Squarespace, or another major builder, you're automatically accessible. You're not.


These platform companies explicitly disclaim any guarantee of ADA compliance. Here's what they actually say:

Wix's own help documentation states: "Wix cannot guarantee or ensure that the use of our services is compliant with all accessibility laws and worldwide regulations. You are responsible for reviewing and complying with local legislation."

GoDaddy provides some accessibility guidance on their platform, but they make clear that template selection alone doesn't create compliance. Many of their templates have barriers that plaintiffs' attorneys regularly identify in lawsuits.

Squarespace has built-in accessibility features like alt text fields and semantic HTML structure, but explicitly states they do not provide preset accessible templates or plugins. As Squarespace's own accessibility page notes: "Squarespace does not give legal advice, whether on accessibility compliance or otherwise."

The core issue: website builders provide a foundation, but the responsibility for compliance falls on you, the website owner. If your site isn't compliant, neither the builder nor an overlay widget will protect you legally when a plaintiff files a lawsuit.

What Courts Actually Accept as a Defense

Courts require evidence of genuine, code-level remediation against the Web Content Accessibility Guidelines 2.1 Level AA standard. This means:

  • Proper heading hierarchy and semantic HTML structure

  • Alternative text descriptions for all images

  • Sufficient color contrast on all text and buttons

  • Full keyboard navigation without traps or missing focus indicators

  • Accessible forms with proper labels

  • Accessible PDFs and documents

  • Screen reader compatibility across the entire site

  • Video captions and transcripts

None of these can be reliably achieved through an overlay widget. They require actual source code changes, manual testing with assistive technology, and ongoing monitoring. There are firms and consultants available that conduct research into WCAG 2.1 coding standards and can perform this level of code-level remediation work. However, we do not endorse any specific company and make no recommendations based on financial relationships. You should conduct independent research to identify qualified accessibility firms in your area and verify their credentials, certifications, and track record before engaging them.


The Real Cost of Genuine Compliance

Yes, genuine WCAG 2.1 AA remediation costs more than a widget. Typically between five thousand and twenty-five thousand dollars depending on site complexity.

Here's the math that matters:

Widget overlay: two hundred ninety-nine dollars per year plus zero protection Real remediation: five thousand to twenty-five thousand dollars upfront, plus defensible legal position

When you get sued without genuine remediation, here's what happens:

  • Settlement costs: five thousand to twenty thousand dollars (if you're lucky)

  • Defense attorney fees: twenty thousand to sixty thousand dollars

  • Risk of losing and paying plaintiff's attorney fees on top of that

  • Ongoing litigation stress and distraction from running your business

When you have genuine remediation documented before or immediately after a lawsuit, here's what happens:

  • Settlement costs drop to the lower end: three thousand to eight thousand dollars

  • You have a defensible position that moots injunctive relief claims

  • You can negotiate from strength, not fear

The businesses that are getting hit repeatedly with ADA website lawsuits are the ones using overlays. Serial plaintiffs' attorneys and their firms know these widgets don't work. That's exactly why they target those sites.


What You Actually Need to Do

If you're using GoDaddy, Wix, Squarespace, or any other template-based builder:

One. Get a professional WCAG 2.1 AA audit from a qualified accessibility firm. This typically costs one thousand to three thousand dollars and identifies every barrier on your site. Research firms that specialize in WCAG 2.1 code-level auditing and verify they have experience with your specific platform.

Two. Hire that same firm or a code-level remediation specialist to fix the identified issues. This is the five thousand to twenty-five thousand dollar investment depending on your site's complexity. A restaurant site with a menu, ordering system, and location pages is typically in the ten thousand to fifteen thousand dollar range. Verify the firm's qualifications and ask for references from similar projects.

Three. Get documented compliance certification and an accessibility statement for your website that details the specific remediation work performed.

Four. Set up ongoing monitoring to catch new barriers as you add content or update your site.

Do not rely on overlays. Do not assume your template is automatically compliant. Do not wait until you get a demand letter to start this process.


Finding Qualified Accessibility Consultants

When researching firms to handle your WCAG 2.1 AA remediation, look for consultants and companies that:

  • Perform manual code-level audits, not just automated scanning

  • Test with actual assistive technologies like screen readers

  • Provide detailed remediation reports with specific code fixes

  • Offer documented compliance certification

  • Have experience defending their work in litigation contexts

  • Are transparent about their methodology and limitations

You should conduct thorough independent research, check references, verify credentials, and ensure any firm you hire has genuine expertise in WCAG 2.1 AA compliance. Do not assume endorsement of any particular vendor based on mention in this article.


Bottom Line

Website accessibility overlays are a false economy. They promise protection they can't deliver. The FTC proved this when they fined AccessiBe one million dollars. Courts have proven it by rejecting overlay widgets as a legal defence in hundreds of cases. And serial plaintiffs' lawyers have proven it by continuing to sue sites with active overlays installed.

The only defensible path to ADA compliance is genuine, documented, code-level remediation against WCAG 2.1 Level AA standards. Yes, it costs more upfront. But it's the only investment that actually protects you.


Citation to include:

Federal Trade Commission, "FTC Order Requires Online Marketer to Pay One Million Dollars for Deceptive Claims that its AI Product Could Make Websites Compliant with Accessibility Guidelines," January 2025. Available at ftc.gov/news-events/news/press-releases


By Sally Chan, Esq. - sally@wthemislaw.com

 
 
 

Comments


Follow

  • Facebook
  • Twitter
  • LinkedIn

©2020 by West Themis Law, A Professional Corporation

bottom of page