January 27, 2025
Office of the Secretary
Federal Trade Commission
600 Pennsylvania Avenue, NW
Washington, DC 20580
RE: accessiBe; File No. 222 3156
Dear Secretary:
The National Federation of the Blind appreciates the opportunity to comment on the terms of the consent order regarding accessiBe’s alleged deceptive practices. This is an issue that the National Federation of the Blind has been aware of for several years, and we applaud the Federal Trade Commission’s (the “Commission”) actions in this area.
We made our first public objection to accessiBe’s practices in July 2021 with our national resolution 2021-17 “Regarding accessiBe’s Disrespectful and Misleading Business Practices.” In this resolution we brought to light that accessiBe both “overstates the effectiveness of automated testing,” and “promotes the false claims of attaining Web Content Accessibility Guidelines compliance through the integration of one line of code.” The Commission’s consent order appears to agree with our assertions through the prohibitions and requirements of Provisions I, III, and V. These provisions are a tacit acknowledgement that accessiBe’s representations of what its products are capable of were misleading and deceptive, as the National Federation of the Blind had been stating for years.
True accessibility is essential for blind people to be able to live, work, and participate in their communities. Rather than improving accessibility, misleading and exaggerated claims about accessibility tools undermine and inhibit the full participation of the blind. Unfortunately, such claims have gained tremendous traction in the digital sphere, leading many businesses to contract with providers like accessiBe. It is essential that such bad actors be held accountable for their misrepresentations and that businesses be aware that their claims are untrue.
For the reasons above, the National Federation of the Blind fully support the Commission’s proposed consent order as it is currently written. We hope you will broadly disseminate the consent order to the business community and we would be happy to help in that regard. If there are any questions or concerns, please do not hesitate to reach out to me.
Sincerely,
Mark A. Riccobono, President
National Federation of the Blind