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DOJ Challenges Fashion Nova Settlement Over Website Access
5 Feb
Summary
- DOJ urged a judge to reject Fashion Nova's $5.15 million settlement.
- The settlement's claims website is allegedly inaccessible to the visually impaired.
- DOJ claims plaintiffs' lawyers seek excessive fees, exceeding class benefits.
The U.S. Justice Department is challenging a proposed $5.15 million settlement involving online clothing retailer Fashion Nova and a class of legally blind consumers. The DOJ has filed a statement of interest urging a federal judge in Oakland, California, to reject the final approval of the settlement, scheduled for consideration next week.
The lawsuit alleged that Fashion Nova's website was inaccessible to users of screen reading software, violating disability rights laws. While a preliminary settlement was reached, the DOJ's accessibility expert found significant barriers on the claims website itself, making it difficult for visually impaired individuals to file a claim.
Further objections from the government include concerns that the plaintiffs' attorneys are seeking $2.52 million in fees and costs, which exceeds the $2.43 million remaining for class members. The DOJ also contends the settlement lacks sufficient provisions to ensure Fashion Nova makes its retail website fully accessible going forward.
