All articles
ComplianceOct 2026 · 10 min read

DOJ Said the Settlement Website Wasn't Accessible Either

A company got sued for an inaccessible website, agreed to settle, and built a settlement claims site that a blind class member still couldn't use. DOJ noticed. The irony is the whole lesson here.

Alcazar v. Fashion Novais a private Title III case, a class action over an apparel retailer's website allegedly being inaccessible to blind shoppers. It's not a government case. But on February 2, 2026, DOJ filed a Statement of Interest in it, and what the agency chose to object to tells government web teams exactly what "we fixed it" needs to look like now.

1What DOJ Actually Objected To

The complaint alleged Fashion Nova's site violated Title III and California's Unruh Civil Rights Act. The parties reached a proposed class settlement. DOJ, which wasn't a party to the case, stepped in anyway, arguing the settlement would give almost nothing of value to consumers with vision disabilities while paying class counsel well. Four specific gaps drove that conclusion.

No concrete remediation steps written into the agreement
No ongoing monitoring to confirm fixes actually happened
No enforcement mechanism if the company backslides
Attorney fees disproportionate to what class members actually received

2Then the Part That Makes This Memorable

DOJ also flagged that class counsel's own settlement website, the page blind class members were supposed to use to review and claim their part of the deal, wasn't accessible either. A settlement over an inaccessible website, administered through another inaccessible website. Nobody involved in drafting it caught that before DOJ did. That alone should reset how confident any legal or communications team feels about their own "we checked, it's fine" sign-off process.

3Why Government Web Teams Should Read This Anyway

This is a Title III case, not Title II. Nothing here binds a city or county directly. What it does is reveal how DOJ is currently reading the phrase "we resolved the accessibility complaint," and that reading doesn't stop at the courthouse door. The same DOJ writing Title II enforcement guidance is the DOJ that just said a settlement with no monitoring and no enforcement mechanism isn't worth much.

A government accessibility statement that says "we are committed to accessibility" with no dated review, no scan history, and no visible process for a resident to request an accessible version is structurally the same thing DOJ just objected to. Paper compliance with no evidence behind it.

4This Isn't DOJ's First Statement of Interest

Filing a Statement of Interest in a private case it isn't party to is a tool DOJ reaches for selectively, usually when a settlement risks setting a weak precedent other defendants could point to later. The agency has used the same move in other disability rights cases over the years, consistently targeting the same weak spot: settlements that look resolved on paper but leave no real mechanism forcing the underlying problem to actually get fixed.

The pattern is the message. DOJ isn't randomly auditing settlements. It's watching for the specific combination of vague commitments and disproportionate attorney fees, and when it sees that combination, it says so, in writing, in a public court filing that any other defendant's counsel can read.

5What "Meaningful Relief" Means in Practice

DOJ's objection draws a line between a settlement that changes something and one that just ends a lawsuit. Meaningful relief, in the agency's framing, looks like a remediation schedule with actual dates, a named party responsible for verifying the work happened, and a way for the class, or in a government context, residents, to flag problems that show up after the ink dries. A settlement or a public commitment that skips all three isn't a lesser version of meaningful relief. It's a different thing wearing the same label.

6What Actually Holds Up to This Standard

Concrete remediation steps, dated

Not "we are working on it." A log of what was scanned, what was fixed, and when.

Monitoring that continues after launch

A one-time audit two years ago isn't monitoring. A recurring scan schedule is.

A real enforcement path internally

Someone owns the backlog and reports on it, rather than accessibility living as an unassigned task nobody follows up on.

Proof your own tools pass the test

Before publishing an accessibility statement, check the page hosting the statement itself. Fashion Nova's settlement counsel skipped exactly that step.

7A Quick Check Before You Publish Anything

Before a government site publishes or updates an accessibility statement, run the statement page itself through the same scan the rest of the site gets. Confirm it has a real contact method a resident can use to report a problem, not just a mailto link that nobody monitors. Confirm the dates on it are current, not inherited from a template nobody's revisited since launch. That three-item check takes fifteen minutes and would have caught exactly the mistake class counsel made in the Fashion Nova case.

Final Takeaway

DOJ isn't grading intentions anymore. It's grading evidence: dated logs, ongoing scans, a visible path for someone to ask for help and get it. Before you publish your next accessibility statement, check the page it lives on. That's the one step a national retailer's own lawyers forgot.

Build a statement backed by real data

Our Accessibility Statement and VPAT Generator ties your published statement to actual scan history, not a promise from 2019.

See the Statement Generator

Related Articles