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Accessibility Industry Update: August 2025

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Hello accessibility champions, and welcome to the August 2025 edition of QualityLogic’s accessibility industry update.

In terms of accessibility, it was comparatively a slower month than we’re used to (not necessarily a bad thing). That said there are still a few updates worth noting, along with a healthy helping of fantastic reads from the community.

As always, let us know if you think we’ve missed something, or share the link with your colleagues or partners who may benefit from some or all of this information. You can also sign up to receive these accessibility updates via email.

Contents:


Upcoming Conferences and Events

Legal Stuff

Fashion Nova, INC. Pays Second Largest Digital Accessibility Settlement

By far, the biggest chunk of legal news this month was a settlement in the Alcazar v. Fashion Nova, Inc. class action lawsuit, where fast-fashion retailer Fashion Nova agreed to pay $5.15 million to resolve claims that its website was inaccessible to legally blind individuals using screen-reading software. This is the second largest publicly known digital accessibility settlement after National Federation of the Blind v. Target, where the grocer was forced to pay damages amounting to around $6 million. It is worth noting the presence of the word “digital” here, accessibility/ADA (not solely digital) lawsuits have cost businesses $240 million in one outlying case, $20 million in another, and the list goes on.

This particular lawsuit, filed in February 2020 in the Northern District of California (Case No. 4:20-cv-01434-JST), alleged violations of the Americans with Disabilities Act (ADA) and California’s Unruh Civil Rights Act by asserting that the website denied visually impaired users equal access to information and services. The settlement, announced on June 20, 2025, establishes two classes: a nationwide class for injunctive relief and a California subclass eligible for statutory damages. California class members who submit valid claims by October 20 2025 may receive up to $4,000 per household, with payments expected approximately 65 days after the final approval hearing on February 12, 2026. Any left-over funds will be donated to the American Foundation for the Blind. Additionally, Fashion Nova is required to enhance its website’s accessibility for screen-reader users.

So what? We can learn a bit from each and every case. This one in particular is a cautionary tale of failure to resolve an issue quickly. Over the five years the case dragged on, there was a reported 205 filings. Ken Nakata from Converge Accessibility summarizes this in an excellent breakdown of the situation: “It’s pointless to draw out web accessibility litigation as a defendant. If you don’t settle quickly, you will always pay more.”

Digital Accessibility Lawsuits Posed for Another Record-Breaking Year

For the past six years, UsableNet has published reports outlining the digital accessibility landscape. They do this by combing through all digital accessibility lawsuits filed in the U.S. by hand.

In July, they dropped the 2025 Midyear Accessibility Lawsuit Report, with insights from Jan 1 – June 30. Here’s what you need to know:

  • Plaintiffs have already filed 2,019 digital accessibility lawsuits, and we’re only half-way through 2025. Assuming a consistent rate of growth, this puts us at an estimated 4,975 by year’s end. This would be the highest on record.
  • The projected 4,975 lawsuits for 2025 represents a 20% increase over 2024’s 4,187 cases.
  • New York, California, and Florida state courts are seeing a rise in filings. This can likely be attributed to state laws like California’s Unruh Civil Rights Act and New York’s Human Rights Law, which offer plaintiffs favorable conditions including higher statutory damages and less judicial fatigue compared to federal courts. In Florida, the Winn-Dixie Decision provides solid precedent.
  • E-commerce businesses remain the top target, comprising 69% of lawsuits in 2025.
  • Companies with annual revenues exceeding $25 million are increasingly targeted, reflecting plaintiffs’ focus on high-profile brands with greater financial resources. Small to medium sized businesses are still the popular pick (64% of lawsuits targeted companies with annual revenue below $25 million). That said, some states have instated safe harbor provisions for small businesses, so there’s a good chance this continues to even out.
  • Accessibility Overlays are still under fire. Over 20% of Lawsuits targeted companies with quick-fix accessibility widgets installed. This comes after the Federal Trade Commission fined overlay provider accessiBe $1 million in January 2025 for misleading claims. In addition to the community’s general consensus that Overlays do not work, there is reason to believe that Overlays stick out like a soar thumb to Serial plaintiffs.

If you want more information, you can download the PDF file directly.

AI in Accessibility

What We’ve Been Reading


As always, let us know if you think we’ve missed something, or share the link with your colleagues or partners who may benefit from some or all of this information. You can also sign up to receive these accessibility updates via email.

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