Lina M. Khan is Chair of the Federal Trade Commission | Official Website
The Federal Trade Commission (FTC) has mandated that accessiBe, a software provider, pay $1 million to settle claims that it falsely advertised its AI-powered web accessibility tool as capable of making any website compliant with the Web Content Accessibility Guidelines (WCAG). This decision is part of an effort to address deceptive marketing practices.
Samuel Levine, Director of the FTC’s Bureau of Consumer Protection, emphasized the importance of trust in product capabilities. “Companies looking for help making their websites WCAG compliant must be able to trust that products do what they are advertised to do,” he stated. He further noted, “Overstating a product’s AI or other capabilities without adequate evidence is deceptive, and the FTC will act to stop it.”
AccessiBe Inc., based in New York, along with accessiBe Ltd., markets a web accessibility software plug-in called accessWidget. The company claimed this tool could ensure any website's compliance with WCAG standards. These assertions were made through various channels including their website and social media platforms.
The FTC's complaint highlighted that accessWidget did not fulfill these promises, labeling the claims as false and misleading under the FTC Act. Furthermore, accessiBe was accused of presenting third-party articles and reviews as independent opinions without disclosing their connections to these supposedly impartial reviewers.
A proposed order aims to prevent accessiBe from continuing such practices. It would restrict them from claiming their automated products can guarantee WCAG compliance unless supported by evidence. Additionally, it would bar misrepresentations about product features and endorsements.
The order also requires clear disclosure of any significant connections between endorsers and accessiBe’s products. AccessiBe is obliged to pay $1 million to the FTC for potential consumer refunds.
The Commission unanimously voted 5-0 in favor of accepting this proposed consent order. Commissioners Andrew Ferguson and Melissa Holyoak provided a joint statement on the matter.
A description of the consent agreement will soon be published in the Federal Register for public comment over 30 days before potentially becoming final. Public comments will be accessible on Regulations.gov after processing.
Kristin Williams from the FTC’s Bureau of Consumer Protection led this case. The FTC remains committed to promoting competition while protecting consumers against fraud and deceptive business practices.
