Fashion Nova Settles Web Accessibility Lawsuit for $5.15 Million

Fashion Nova LLC will send checks for up to $4,000 to individuals with vision disabilities who were unable to use the retailer’s website using screen reading software (screen readers). 

As part of the class action settlement, the company has also agreed to improve its website’s accessibility. However, as is typical in accessibility cases, Fashion Nova maintains that it has not violated the Americans with Disabilities Act (ADA) or other non-discrimination laws. 

The case is notable for a few reasons: 

• The Court certified two classes of plaintiffs: a nationwide class and a separate California class. That designation raised the chances of a hefty payout and may have compelled Fashion Nova to settle.
• The plaintiffs alleged violations of the Unruh Act, California’s landmark civil rights law. Most California web accessibility cases reference that act, which treats any violation of federal non-discrimination laws (namely, the ADA) as a violation of the Unruh Act — and allows for monetary compensation of up to $4,000. 
• The case was filed by Juan Alcazar, who is legally blind. Alcazar has filed other lawsuits against businesses for alleged violations of the Unruh Act and ADA. 

In total, Fashion Nova will pay $5.15 million; class members may receive up to $4,000 per household, although as is the case with class action lawsuits, the final amount will depend on the number of valid claims submitted. 

The settlement is restricted to “legally blind individuals" who attempted to access Fashion Nova’s website during the applicable limitations period. Potential claimants can learn more on the case’s settlement website.

Fashion Nova Lawsuit: Alleged Web Accessibility Violations

Unsurprisingly, the complaint at the heart of the Fashion Nova lawsuit specifically mentions the Web Content Accessibility Guidelines (WCAG). WCAG is the international standard for digital accessibility, and it’s the commonly accepted framework for compliance with Title II and III of the ADA. 

The plaintiff cites several WCAG violations as evidence of alleged discrimination, including:

• Lack of Alternative Text: Alternative text (alt text) provides a textual description of images, graphs, and other visual elements. It’s required by the very first WCAG criterion, and missing alt text creates major roadblocks for people who use screen readers. Learn more about alternative text.

• Empty Links: Empty hyperlinks have no link text, and as a result, users don’t know what will happen when the link is activated. Learn more about how empty hyperlinks impact assistive technology users. 

• Redundant Links: If multiple links appear in sequence and share the same link text, they’re redundant — and redundant links are confusing for screen reader users. Learn more about redundant links.
• Linked Images with No Alt Text: When images serve as hyperlinks, they must have alt text that informs the user of the link’s destination. Learn about common image accessibility issues.

The full complaint notes that other issues may exist on the Fashion Nova site. Somewhat ironically (but typical for legal settlements), the claim is presented as a PDF, which isn’t an ideal format for accessibility.

WCAG Provides a Path for Compliance (And Limited Legal Risk)

As part of the settlement agreement, Fashion Nova has agreed to “achieve substantial conformance" with WCAG 2.1. That will almost certainly mean conformance with most of the Level AA standards (here’s an overview of WCAG conformance levels).

Businesses should take note: WCAG conformance, while technically optional, isn’t really optional. There’s no better set of standards for ADA compliance, and if your goal is to limit legal exposure, WCAG provides the roadmap. 

Following the guidelines also opens up the business benefits of web accessibility, including improved search engine optimization (SEO) and more user engagement. When you’ve designed your site to work for every user — including folks with disabilities — you can build your audience more effectively.

If you’re ready to embrace accessible web design, we’re here to help. Send us a message to connect with an expert or get started with a free website analysis.