Public and private organizations subject to the Americans With Disabilities Act public accommodation and other disability accessibility and accommodation requirements should heed the Department of Justice’s intervention in Americans With Disabilities Act (“ADA”) public accommodation class action lawsuit as a warning to ensure the adequate accessibility of their websites and other facilities.

On February 2, 2026, the Justice Department filed a Statement of Interest that opposes the proposed settlement of a private class action lawsuit that claimed the apparel company’s website violated the ADA by being inadequately accessible to visually impaired individuals.

Regulations published by the Justice Department on April 24, 2024, establish

specific requirements about the obligations of public and private entities to ensure that their web content and mobile applications (apps) are accessible to people with visual or other disabilities. these and other public accommodation requirements may be enforced either by the justice department or through private litigation.

Plaintiffs in the case, Alcazar v. Fashion Nova Inc., filed a private lawsuit to enforce the website accessibility requirements. The plaintiffs 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 ADA.

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. However the proposed settlement does not specify particular actions or the timelines that the retailer must meet to fulfill its promise to make its websites accessible.

The Justice Department Statement of Interest filed February 2 opposes the proposed settlement because the Justice Department feels the settlement should require the retailer to take specific actions to make its website accessible within defined timelines.

Although it is not litigating the action, the Justice Department submitted the statement of interest opposing the settlement as part of it’s right to comment on proposed class actual settlements created under the Class Action Fairness Act of 2005 (“CAFA”). Under the CAFA, the Justice Department and state officials must get an opportunity to review federal class action settlements before district courts can grant final approval.

According to the Statement of Interest, the proposed settlement agreement is unfair because the proposed injunctive relief for class members as proposed is not meaningful. The Justice Department argues the settlement’s 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 does not ensure Fashion Nova takes concrete steps to make its website accessible. It contends that without these details, the settlement will afford little value to consumers with vision disabilities while generously compensating attorneys.

“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 Statement of Interest is among the arguments. The judge will consider in deciding whether to approve the class action settlement. It remains to be seen whether the judge will defer to the concerns expressed by Justice Department and require the parties to modify the proposed settlement as a condition to its approval.

Whether or not the judge requires revision to the proposed settlement agreement, the Justice Department intervention send a clear message that it expects companies to ensure their website websites and mobile applications, fulfill the requirements of the Website accessibility regulations. The intervention also illustrates the added traps that parties involved in class action litigation can anticipate may arise from the CAFA’s imposition of a requirement that justice department and state attorney generals be given an opportunity to comment on proposed settlements before they are approved.

To mitigate their exposure to public and private enforcement of the website, accessibility and other ADA accessibility requirements, organizations should take steps to ensure the defensibility of their existing website, accessibility and other public accommodations under the ADA and other federal and state laws.

The justice department is one of several agencies, responsible for the interpretation and enforcement of ADA disability, accommodation, and other civil rights and non-discrimination requirements. The Trump administration has modified the interpretation and enforcement of many of these requirements and is aggressively implementing and enforcing its interpretations. All public and private organizations should carefully monitor and adapt their practices to be defensible under these new guidelines, whether enforced through private litigation or public action. Besides damages and enforcement action through private litigation or Department of justice enforcement, government contractors, healthcare providers, educational organizations, and a host of other entities receiving federal funding also can face program disqualification, significant civil, monetary sanctions, and other penalties for failing to comply with these rules.

The author of this update, Cynthia Marcotte Stamer has decades of experience advising and representing governmental and private entities, government contractors and grant recipients, and others about prevention, management and resolution of disability and other federal discrimination and other legal and compliance, risk management and other operational and enforcement matters. If you have questions or need advice or help evaluating or addressing these or other compliance, risk management, or other concerns, contact her. 

For More Information

We hope this update is helpful. For more information about these or other legal, contractual or operational compliance or risk management, please contact the author Cynthia Marcotte Stamer via e-mail or via telephone at (214) 452-8297.

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About the Author

Recognized by her peers as a Martindale-Hubble “AV-Preeminent” (Top 1%) and “Top Rated Lawyer” with special recognition LexisNexis® Martindale-Hubbell® as “LEGAL LEADER™ Texas Top Rated Lawyer” in Health Care Law and Labor and Employment Law; as among the “Best Lawyers In Dallas” for her work in the fields of “Labor & Employment,” “Tax: ERISA & Employee Benefits,” “Health Care” and “Business and Commercial Law” by D Magazine, Cynthia Marcotte Stamer is a practicing attorney board certified in labor and employment law by the Texas Board of Legal Specialization and management consultant, author, public policy advocate and lecturer widely known for her more than 35 years of health industry and other management work, public policy leadership and advocacy, coaching, teachings, and publications including leading edge work on workforce and other risk management and compliance.

Ms. Stamer’s work throughout her career has focused heavily on working with businesses domestically and internationally on employment, benefits, technology, data confidentiality, privacy, and security, and other Federal Sentencing Guidelines and other workforce management, regulatory and public policy and other legal and operational concerns.  

Author of many highly regarded compliance, training and other resources on these and other operations, risk management, compliance and government affairs concerns, Ms. Stamer is widely recognized for her thought leadership and advocacy on these matters.  

In addition, Ms. Stamer currently or previously served as the American Bar Association (“ABA”) Joint Committee on Employee Benefits OCR annual agency scribe and a Council Representative, International Section International Employment Law Committee Chair and International Life Sciences and Health Committee Chair, ABA TIPS Medicine and Law Committee Chair, ABA Health Law Section Managed Care & Insurance Interest Group Chair, former Vice President and Executive Director of the North Texas Health Care Compliance Professionals Association, past Board President of Richardson Development Center (now Warren Center) for Children Early Childhood Intervention Agency, past North Texas United Way Long Range Planning Committee Member, and past Board Member and Compliance Chair of the National Kidney Foundation of North Texas, and a host of other professional and civic leadership roles. She is a Fellow in the American College of Employee Benefit Counsel, the American Bar Foundation and the Texas Bar Foundation, Ms. Stamer also shares her extensive publications and thought leadership as well as leadership involvement in a broad range of other professional and civic organizations. 

For more information about Ms. Stamer or her health industry and other experience and involvements, see www.cynthiastamer.com or contact Ms. Stamer via telephone at (214) 452-8297 or via e-mail here.

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