What an overlay is
An accessibility overlay is a JavaScript file you add to your store. It renders a floating toolbar offering font-size, contrast and cursor controls, and in some products it attempts to guess missing labels and alternative text at runtime using machine learning.
What it does not do is change your theme. The markup a screen reader receives is generated by your Liquid or PHP templates, and the overlay sits on top of it. A button with no accessible name is still a button with no accessible name after the script loads — the overlay may guess a name for it, and the guess is frequently wrong.
The FTC order
In January 2025 the Federal Trade Commission ordered accessiBe to pay $1,000,000. The complaint had two parts: that the company claimed its AI product could make any website meet WCAG, and that it published endorsements without disclosing that the reviewers had been compensated. The final order was approved in April 2025.
The relevant point for a merchant is not the fine. It is that a federal regulator examined the central claim of the overlay industry and found it deceptive.
The litigation data
4,928 web accessibility lawsuits were filed in the United States in 2025. 69% of first-half filings targeted online stores. 64% of the companies sued had revenue under $25 million.
And 22.6% of those suits were filed against websites that already had an overlay widget installed. Having bought the product did not prevent the complaint; in some filings the presence of the widget is itself pleaded as evidence that the defendant knew about its obligations.
Sources
- UsableNet lawsuit tracker — US web-accessibility lawsuits filed in 2025
- TestParty ecommerce data — of H1-2025 suits targeted online stores
- UsableNet 2025 research — of sued companies had revenue under $25M
- TestParty / CourtListener analysis — of 2025 suits hit sites that already had an overlay widget installed
- FTC press release, January 2025 — FTC fine against accessiBe for claiming its AI overlay made sites meet WCAG
What to do instead
Find the actual defects in your theme and fix them. Most are small: an aria-label on the cart icon, a darker grey for body copy, a skip link, alt text on product images. A scan tells you which ones you have and in which file they live. That work is permanent, and it does not renew monthly.