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:

⚠️ 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:

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:

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:

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:

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.

⚖️ Start Your Free ADA Compliance Scan

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