In a landmark move, the U.S. Department of Justice (DOJ) has signaled that it will no longer tolerate predatory ADA lawsuits that prioritize attorney fees over actual accessibility improvements. This development has significant implications for website owners, businesses, and accessibility compliance programs nationwide.
In this guide, we'll break down the DOJ's new stance, the Fashion Nova case that triggered it, and what you need to do to protect your business from both predatory lawsuits and legitimate ADA claims.
The Fashion Nova Case — What Happened?
The DOJ filed a Statement of Interest in a proposed class action settlement against Fashion Nova, a popular online fashion retailer. The proposed settlement would have paid the plaintiffs' lawyers $2.52 million in attorney fees, while the actual fix to the website's accessibility was just a single generic sentence with no enforcement mechanism.
The proposed settlement included:
- $2.52 million in attorney fees for the plaintiffs' lawyers
- A one-sentence promise to "maintain an accessible website"
- No accessibility coordinator
- No regular audit schedule
- No monitoring or enforcement mechanism
⚠️ The Irony:
The DOJ noted that the claims website — where class members were supposed to file for their share of the settlement — had significant accessibility barriers for screen-reader users. The site was inaccessible to the very people it was meant to serve.
What Issues Did the DOJ Raise?
1. No Monitoring Plan
The settlement had no plan for monitoring Fashion Nova's future compliance. There was no requirement for an accessibility coordinator, no regular audit schedule, and no enforcement mechanism if violations continued.
DOJ's position: A settlement without ongoing monitoring is meaningless. Empty promises don't protect the rights of people with disabilities.
2. Predatory Litigation Pattern
The DOJ noted that the plaintiff's counsel had filed over 500 similar ADA lawsuits, most ending in undisclosed settlements that likely followed the same pattern — high attorney fees, minimal accessibility improvements.
DOJ's position: The ADA was designed to eliminate discrimination, not to create a litigation mill for plaintiffs' lawyers.
3. The Claims Website Was Inaccessible
In a striking irony, the website where class members were supposed to file claims was itself inaccessible to screen-reader users — the very people the lawsuit claimed to represent.
DOJ's position: This demonstrates that the settlement lacked genuine commitment to accessibility.
What the DOJ Said — Key Quotes
"The proposed settlement would provide the class with virtually no prospective relief — no requirement to appoint an accessibility coordinator, no requirement to conduct regular audits, no specific benchmarks, and no mechanism for enforcement."
— DOJ Statement of Interest, Fashion Nova Case
What This Means for Your Business
The DOJ's message is clear: empty promises won't cut it anymore. If you're sued for ADA non-compliance, a settlement that pays lawyers but doesn't actually fix your website will not satisfy the DOJ.
1. You Need a Legitimate Compliance Program
A one-time accessibility fix is not enough. You need an ongoing, documented compliance program that includes:
- ✅ Regular automated accessibility scans
- ✅ Manual accessibility audits (at least annually)
- ✅ Accessibility coordinator or team
- ✅ Remediation tracking and documentation
- ✅ Staff training on digital accessibility
- ✅ Published accessibility statement
2. Don't Just Settle — Actually Fix the Issues
The DOJ is watching. If you're sued, settling for a quick payout without actually fixing your website may no longer be a viable strategy. The DOJ can intervene in cases where settlements don't provide meaningful relief.
3. Document Everything
If you're ever sued, you'll need to show evidence of your good-faith compliance efforts. This includes:
- Scan reports (before and after)
- Remediation logs
- Training records
- Accessibility policy updates
- Audit results
How to Build a DOJ-Approved Compliance Program
Step 1: Run Baseline Accessibility Scans
Use our free ADA compliance checker to scan your entire website. Document the results.
Step 2: Fix Critical Violations First
Prioritize issues that create the most significant barriers:
- Missing alt text on images
- Low color contrast
- Keyboard navigation issues
- Missing form labels
- Missing language attribute
Step 3: Appoint an Accessibility Coordinator
Designate someone responsible for overseeing accessibility compliance. This shows good faith.
Step 4: Conduct Regular Audits
Run monthly automated scans. Conduct manual audits at least annually (more frequently for high-risk sites).
Step 5: Publish an Accessibility Statement
Create a public accessibility statement that includes:
- Your commitment to accessibility
- The standards you follow (WCAG 2.1 Level AA)
- A way for users to report issues
- Your response timeline
Step 6: Train Your Team
Ensure content creators, developers, and designers understand accessibility requirements.
Frequently Asked Questions (FAQs) — DOJ and ADA Lawsuits
Q1: What did the DOJ do in the Fashion Nova case?
The DOJ filed a Statement of Interest arguing that the proposed settlement — which paid lawyers $2.52 million but provided no real accessibility improvements — was inadequate and should not be approved.
Q2: Can I still be sued for ADA non-compliance?
Yes. The DOJ's stance doesn't prevent lawsuits. It prevents predatory settlements that don't actually improve accessibility.
Q3: What does the DOJ consider an adequate settlement?
A settlement must include meaningful, enforceable accessibility improvements — an accessibility coordinator, regular audits, specific benchmarks, and enforcement mechanisms.
Q4: How do I protect my business from predatory ADA lawsuits?
Build a legitimate, documented compliance program. Regular scans, remediation logs, and an accessibility statement show good faith.
Q5: Does the DOJ's stance apply to all ADA lawsuits?
The DOJ's Statement of Interest is specific to the Fashion Nova case, but it signals how the DOJ will approach similar settlements in the future.
Q6: What should I do if I receive an ADA demand letter?
Don't ignore it. Consult legal counsel. Start documenting your compliance efforts immediately. Consider using our ADA compliance checker to identify and fix issues.
Q7: How often should I scan my website for accessibility?
Monthly scans are recommended. After any major website update, run an additional scan.
Q8: Does having an accessibility statement protect me from lawsuits?
An accessibility statement alone does not protect you. You need an actual compliance program with documentation. The statement is just one part of a good-faith effort.
Ready to Build a DOJ-Approved Compliance Program?
Don't wait for a lawsuit. Start building your documented accessibility compliance program today.
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