RULE: Accessibility is architecture, not an overlay. Never sell or install an accessibility overlay widget.

Rule: Candid Creative client sites achieve WCAG conformance through architectural choices — semantic HTML, keyboard navigation, screen-reader labels, color contrast — not via overlay widgets. Never sell, install, or recommend an accessibility overlay (accessiBe, UserWay, AccessiBe, EqualWeb, etc.).

Why:

• FTC ordered accessiBe to pay $1M in January 2025 for "deceptive claims that its AI product could make websites compliant" (FTC (Jan 3, 2025): accessiBe ordered to pay $1M for deceptive claims its AI overlay could make sites WCAG-compliant)
• Overlays don't fix accessibility — they layer JS over an inaccessible page. Disabled users routinely disable the overlays.
• Litigation surface remains: 46% of federal ADA cases involve repeat defendants (UsableNet 2025: 5,000+ digital accessibility lawsuits filed; 46% of federal cases involve repeat defendants); 95% of sites fail basic WCAG; 40% of new filings are pro se (Accessibility: 95% of sites fail basic WCAG; 40% of new federal ADA filings are pro se (AI-assisted))
• EU EAA enforceable since June 28, 2025 with revenue-scaled penalties (European Accessibility Act enforcement began June 28, 2025 — penalties up to €100k (Germany), 4-5% revenue (France/Italy))

How to apply:

• Accessibility audit at design phase, not after launch
• Semantic HTML (<button>, <nav>, <main>) over <div> soup
• Color contrast checks in design system (4.5:1 minimum text)
• Keyboard navigation tested before each release
• Automated testing in CI (axe, pa11y) + manual screen-reader sweep before launch
• If a client insists on an overlay (often because a competitor showed them one), document the FTC settlement in writing and decline to install. The shared-risk argument: the agency that installed accessiBe sites in 2023 is the agency whose clients are receiving 2025 ADA filings.