Department of Justice Opposes Unfair Class Action Settlement Involving Accessibility of Website under the ADA

Today, the Department of Justice filed a Statement of Interest arguing that a proposed class action settlement involving an apparel company's website would afford little value to consumers with vision disabilities while generously compensating attorneys.

Plaintiffs in the case, Alcazar v. Fashion Nova Inc., alleged that Fashion Nova Inc., a California-based apparel retailer, operated an online clothing website that was not accessible and denied blind users full and equal access to its goods and services in violation of the Americans with Disabilities Act. Under a proposed settlement reached between the parties, Fashion Nova agreed to pay approximate $2.43 million divided evenly among class members in California who timely filed a valid claim. Plaintiffs seek over $2.52 million in attorneys' fees and costs. The settlement also provides for injunctive relief generically requiring Fashion Nova's website to be accessible.

"A class action under the ADA should, above all else, secure greater accessibility for consumers with disabilities," said Assistant Attorney General Harmeet K. Dhillon of the Justice Department's Civil Rights Division. "Congress intended the Department and Courts to be skeptical of settlements that instead enrich private counsel."

The proposed agreement is unfair because the proposed injunctive relief for class members is not meaningful - it is a mere recitation of the obligation to make visually delivered materials available to individuals who are blind or low vision with no confirmation or enforcement mechanism. As proposed, the agreement does not ensure Fashion Nova takes concrete steps to make its website accessible. The case is pending in U.S. District Court for the Northern District of California, which must approve any settlement.

The Class Action Fairness Act of 2005 provides the Attorney General and state officials an opportunity to review federal class action settlements before district courts grant final approval.

The Justice Department plays a central role in advancing the ADA's goals of equal opportunity, and full participation for people with disabilities, including people who are incarcerated. For more information on the Civil Rights Division, please visit justice.gov/crt. For more information on the ADA, please call the department's toll-free ADA Information Line at 1-800-514-0301 (TTY 1-833-610-1264) or visit ADA.gov.