Last year, retailer Fashion Nova agreed to a $5.15 million settlement in a landmark web accessibility lawsuit alleging its website was not accessible to individuals who are blind or have low vision—a violation of the Americans with Disabilities Act (ADA).
But the story doesn’t end there.
The Department of Justice (DOJ) has now stepped in, filing a formal objection and urging the court to reject the proposed class action settlement. The DOJ argues that the settlement fails to provide meaningful, enforceable protections for people with disabilities. Instead of focusing on the original allegations, the DOJ’s objection centers on whether the settlement truly delivers fair, reasonable, and adequate relief for the individuals it is supposed to protect.
Here’s what you should know:
Background
The Fashion Nova accessibility lawsuit began five years ago when a legally blind plaintiff, Alcazar, alleged that Fashion Nova’s website was inaccessible to blind users.
The case ultimately resulted in a proposed settlement, which included a $5.15 million fund for California class members, with payments for attorneys’ fees, litigation costs, and a commitment by Fashion Nova to bring its website into “substantial conformance” with WCAG 2.1 accessibility guidelines.
However, the DOJ has now highlighted three main issues:
1. Lack of Enforcement and Monitoring: The settlement required Fashion Nova to promise accessibility improvements, but did not mandate third-party audits, ongoing compliance monitoring, or clear enforcement if standards weren’t met.
2. Distribution of Settlement Funds: A substantial portion of the settlement was allocated to attorneys’ fees and costs, with less than half ultimately reaching class members.
3. Accessibility of the Settlement Website: The DOJ’s expert found several barriers on the claims website that could have prevented blind class members from submitting claims, undermining the purpose of the settlement itself.
Why Website Accessibility Should Be Your Top Business Priority Now
The DOJ’s objections underscore the need for meaningful, enforceable, and monitored accessibility commitments in digital accessibility settlements.
This case should serve as a wake-up call to every business owner with a website. It’s not enough to simply promise accessibility or settle lawsuits. Your digital presence must be truly accessible, with ongoing monitoring and real accountability. Otherwise, you risk not only legal action but also failing to serve millions of potential customers.
Now is the time to evaluate your website’s accessibility and take meaningful, lasting action.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice.EcomBack is not a law firm. Readers should consult a qualified attorney regarding legal obligations related to accessibility compliance.
