Valence Metrics

Do accessibility overlays protect your store? What the 2025 lawsuit data says

· 5 min read

Accessibility overlays are scripts that add a toolbar or try to repair a page in the visitor's browser. They are often marketed as a quick fix. The 2025 lawsuit data shows that installing one did not prevent hundreds of websites from being sued.

The numbers

EcomBack's annual report counted 3,948 website accessibility lawsuits under the Americans with Disabilities Act (ADA) in the US in 2025, 23.8% more than in 2024 (EcomBack):

  • 983 lawsuits (24.9%) were filed against websites that had an accessibility widget installed.
  • 1,318 lawsuits (33.4%) targeted Shopify stores, almost as many as custom-built websites (34.5%).
  • Restaurants (34.7%) and fashion and apparel (26.0%) were the most affected industries.
  • New York, Florida and California accounted for 72% of all filings.

Other trackers count differently. UsableNet, which also includes cases outside federal court, reported more than 5,000 digital accessibility lawsuits for 2025 (UsableNet). EcomBack's figures show a clear rise, and both trackers identify online stores as a main target.

The FTC case against an overlay vendor

In January 2025 the US Federal Trade Commission announced a proposed order requiring accessiBe to pay $1 million; it was finalised in April 2025. According to the FTC, the company had misrepresented that its AI-powered widget could make any website compliant with WCAG, and had presented reviews as independent although it had material connections to the reviewers (FTC, January 2025; FTC, April 2025).

Why overlays don't remove the risk

  • The barriers stay in the source. A widget runs on top of your theme. Your theme code, images and forms are unchanged.
  • Automated repair has limits. A script can't reliably know what a product photo shows or what an unlabelled icon button does.

What to do instead

  1. Find the actual issues. Scan your key pages: home, collection, product page and cart.
  2. Fix them at the source. Add alt text to images, labels to icon buttons and form fields, and correct colour contrast in your theme settings.
  3. Keep checking. Theme updates and new apps can add new barriers.
  4. Test manually. A short keyboard and screen reader test catches what tools miss. See our Shopify accessibility checklist.

Sources

This article is general information, not legal advice. Automated tools, including Valence, find only part of all accessibility barriers and cannot certify conformance with the ADA, WCAG, the European Accessibility Act or any other standard.

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