The UserWay Overlay Lawsuit

For years, accessibility overlay companies like UserWay have promised businesses and public entities an easy solution to ADA compliance—a snippet of code, a sleek widget, and voilà, your website is now accessible! But for many businesses, that promise is proving to be an expensive mistake.

The recent class-action lawsuit against UserWay, filed by Bloomsybox.com, exposes what accessibility professionals have been saying for years: overlays don’t actually fix accessibility issues and can leave businesses and government agencies more vulnerable to lawsuits.

If you’re a business owner, government employee, or compliance professional relying on overlays for ADA compliance under Title II or Title III, this case should be a wake-up call.

What’s the Lawsuit About?

Bloomsybox.com, an online flower delivery company, installed UserWay’s overlay on its website, believing the tool would make it ADA-compliant and protect it from lawsuits. But when a blind customer found the site still inaccessible and filed a lawsuit, Bloomsybox quickly realized the overlay wasn’t enough.

Now, Bloomsybox is suing UserWay for false advertising, claiming the company misled them into thinking the overlay would bring their site into compliance and shield them from legal trouble. The lawsuit alleges:

• UserWay promised full ADA compliance but failed to deliver.
• The overlay didn’t fix core accessibility issues like missing alt text and broken keyboard navigation.
• Bloomsybox still got sued despite using the overlay.
• UserWay’s much-advertised “$1 million legal protection” turned out to be useless.

Why Overlays Are a Risky Gamble

Overlays don’t actually fix accessibility problems at the source. Instead, they act as a band-aid, attempting to modify the website after the fact. That means they:

• Miss major accessibility issues like mislabeled buttons, poor color contrast, and lack of screen reader compatibility.
• Interfere with assistive technologies, sometimes making websites harder for disabled users to navigate.
• Give businesses a false sense of security, making them think they’re compliant when they’re actually still at risk.

Title II and Title III: What’s at Stake?

Title III – Private Businesses Are in the Crosshairs

Using an overlay does not count as compliance. Courts have made it clear that if a disabled user still can’t use your site, you’re liable—widget or not.

Title II – Government Agencies Are Not Exempt

With DOJ rulemaking for Title II websites coming in 2025, relying on overlays could put agencies at risk of federal enforcement actions, not just lawsuits.

The Right Way to Achieve Accessibility

• Build Accessibility Into Your Website’s Code: Ensure your site follows WCAG guidelines.
• Conduct Accessibility Audits: Use manual testing alongside automated tools.
• Provide Alternative Access When Necessary: But remember: “Call us instead” is not a substitute for an accessible website.

How Title2.INFO Helps You Stay Compliant

If you’re serious about avoiding lawsuits and doing accessibility right, Title2.INFO is your go-to resource.

✅ Clear guidance on ADA compliance for both private businesses (Title III) and public entities (Title II).
✅ Resources to help you implement WCAG standards correctly.
✅ Connections to qualified accessibility professionals—not salespeople pushing ineffective tools.
✅ Ongoing updates on legal trends and enforcement actions, so you’re always ahead of compliance requirements.

Final Thoughts: Overlays Are a Legal and Ethical Failure

The UserWay lawsuit is just the latest example of why accessibility overlays are not the solution. Businesses and public entities need to stop chasing shortcuts and start investing in real, lasting accessibility.

If you’re currently using an overlay, now is the time to rethink your approach. The legal risks are growing, and more importantly—accessibility is a civil right. Doing the bare minimum won’t cut it anymore.

For practical, no-nonsense guidance on ADA compliance, keep Title2.INFO bookmarked. Because when it comes to accessibility, getting it right from the start is always the better investment.