accessiBe; Analysis of Proposed Consent Order To Aid Public Comment
Published Date: 1/6/2025
Notice
Summary
The FTC is taking action against accessiBe for allegedly breaking rules about honest business practices. They’ve proposed a deal that would make accessiBe stop these unfair actions and follow the law. People have until February 5, 2025, to share their thoughts, and this could affect how accessiBe handles its services and possibly its finances.
Analyzed Economic Effects
5 provisions identified: 5 benefits, 0 costs, 0 mixed.
No claims of full WCAG compliance
The company cannot claim its automated products (like accessWidget) can make any website WCAG compliant or ensure continued WCAG compliance over time unless it has competent and reliable evidence to support that. This is part of the proposed FTC consent order and would limit marketing claims about full accessibility.
No misleading claims about product facts
The order bars accessiBe from misrepresenting any material fact about its products or services, including value or total cost, material restrictions or limitations, or any material aspect of performance, features, benefits, or efficacy. This directly protects people who purchase or rely on the company's accessibility products.
Required disclosures about connections and domain limits
The order requires clear, conspicuous disclosures near product representations of: (1) any unexpected material connection an endorser has to accessiBe or the product, and (2) that the product will not correct accessibility barriers on third-party web domains or subdomains unless those domains also use the product. The second disclosure must be made before a consumer incurs any financial obligation.
Monetary relief and customer redress steps
The proposed order requires accessiBe to pay the Commission $1,000,000 in monetary relief and to provide sufficient customer information so the Commission can administer consumer redress. Comments on the proposed consent agreement are due by February 5, 2025.
No fake independent reviews or endorsements
The order forbids representing third-party reviews, articles, or blog posts as independent or impartial if they are not, and forbids misrepresenting that endorsers are ordinary users or independent organizations. That aims to stop paid or controlled testimonials from being presented as unbiased.
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