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telephone Section 255 Communications Act Complaint Procedure


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"What should I do if I find that I can't use a telecommunications device or service?"

Telecommunications equipment and services have gone through a stage of very rapid development over the last few years. New devices and services, such as wireless phones and text pagers, have been developed. New technologies have also been applied to traditional tools, such as telephones, changing the way these devices interact with users and assistive technology.

Section 255 of the Communications Act requires companies that manufacture and provide telecommunications products and services to address the needs of people with disabilities at the time that they design, develop, and fabricate those products and services.


Summary of Section 255 that is relevant to inaccessible technology: Section 255 contains three primary components: accessibility, compatibility, and usability. First, the law requires companies to make their telecommunications products and services accessible to people with disabilities, if readily achievable. Where it is not readily achievable to provide access, Section 255 requires manufacturers and service providers to make their devices and services compatible with peripheral devices and specialized customer premises equipment that are commonly used by people with disabilities, if readily achievable. Examples of such devices are TTYs and assistive listening devices. Readily achievable is defined as easily accomplishable, without much difficulty or expense. Determinations of what is readily achievable are made by comparing the nature and cost of the accessible feature with the overall resources of the company. Section 255 also requires companies to make their products and services usable by providing product information, instructional manuals, and technical support to enable people with disabilities to effectively use those products and services.

When to use this procedure: You are a consumer who has encountered an inaccessible telecommunications device or service or an inaccessible interactive voice response (IVR) system or voice mail system. (IVR systems are phone systems that provide callers with menus of choices.)

Note: There is some overlap in the applicability of Section 255 and the Hearing Aid Compatibility (HAC) Act. The main difference between the two laws is that under Section 255 companies need to ensure that their products and services are accessible to hearing aid users only if it is readily achievable for them to do so. Under the HAC Act, the requirement to make wireline, cordless, and certain wireless telephones compatible with hearing aids is absolute, i.e., the mandates under this law are not subject to the readily achievable defense.

In addition, there are differences in the laws as they pertain to volume control and amplification. Often these words are used interchangeably, even though there are subtle differences in the meanings. For handsets that you put to your ear, volume control refers to amplifying the incoming speaker's voice. For this limited type of "amplification," where you want to increase the sound of the other party's voice though a volume control mechanism, you should follow the complaint procedure associated with the HAC Act. For other forms of amplification, such as amplifying the other party's voice on a speakerphone or making your own voice louder on the phone, you should pursue the Section 255 complaint procedure.


Products and services that are covered by Section 255:
  • Telecommunications equipment including, but not limited to, telephones (both wireless and cordless), fax machines, answering machines, and pagers


  • Telecommunications services including, but not limited to, regular telephone calls, call waiting, speed dialing, call forwarding, computer-provided directory assistance, call monitoring, caller identification, call tracing, and repeat dialing


  • Two types of information services: voice mail systems and interactive voice response (IVR) systems

Other "fine print":
  • Anyone can file a Section 255 complaint, i.e., you do not have to have a disability; you just need to have information about a product or service that you believe is inaccessible.


  • The Federal Communications Commission (FCC) is responsible for implementation of Section 255.


  • You are not required to contact the manufacturer or service provider before filing an informal complaint, but the FCC encourages consumers to do so.


  • There is no time limit for filing a complaint, but consumers should try to file a complaint shortly after they discover the access problem. There is a 2-year limit for complaints that seek damages from telephone companies.


  • Section 255 does not permit consumers to sue companies in the courts; to complain, you must file an informal or formal complaint with the FCC by following the process described below.

How to proceed with the complaint process:
Build and document your case
  • Your name, address, telephone/TTY number and email address
  • Name and address of the manufacturer or service provider
  • A detailed description of the equipment or service that is inaccessible, including company name, model number, type of service, etc.
  • The date you bought, acquired or used the equipment or service (or attempted to do so)
  • A detailed description of the inaccessible features or functions, including exactly what happens and does not happen. For example, "The Caller ID information only stays on the screen for a few seconds, which is not long enough for me to read it," or "The cordless phone only warns you that the battery is dead by beeping, and the beep is too high pitched and soft for me to hear it."
  • Suggestions for improvement, especially if such features exist on a competitor's product
  • Assistive technology you use with this product or service, such as the brand and model number of your hearing aid or voice prosthetic device
Tip: See the template for a letter of complaint to a business for an example of a format that may work for your situation.
Contact the customer service department, accessibility program manager or relevant senior management at the manufacturer or service provider and try to resolve the problem Tip: If you do not know the name of the vendor that provides the telecommunications, contact the company that is using it to support its business and ask them to provide the vendor's name. You may find that the technology was purchased from a vendor or the company may have developed it themselves.
Document your interactions with the business
  • Dates of conversations, emails, letters or faxes
  • Person(s) with whom you interacted, including their contact information
  • Details of your conversations
  • Copies of emails, letters or faxes
If you cannot resolve the problem by working directly with the telecommunications company…
File an informal complaint with the FCC Forward documentation of your case - including your interactions with the company - to the FCC using one of the following methods:
Online: http://www.fcc.gov/cgb/complaints.html or
http://www.afb.org/255complaint.asp (an accessible form by the American Foundation for the Blind)
Email: fccinfo@fcc.gov
Mail: Federal Communications Commission
Consumer & Governmental Affairs Bureau
Consumer Complaints
445 12th Street, SW
Washington, DC 20554
Fax: 1-866-418-0232
Phone: Voice: 1-888-225-5322
TTY: 1-888-835-5322
(Available Monday - Friday, 8 AM to 5:30 PM ET)
Tip: Filing an informal complaint is easy, and there is no need for legal counsel or formal testimony. (Even though it is called "informal," the FCC takes these types of complaints seriously and tries to resolve them on your behalf.)

You may submit your complaint to the FCC by any reasonable method that best accommodates your disability.
After receiving the informal complaint, the FCC will forward it to the manufacturer or service provider, who has thirty days to attempt to resolve your concerns and respond to the FCC.

OR (instead of filing an informal complaint)...
File a formal complaint with the FCC
  • Certify that you have made a good faith effort to resolve the problem with the company (but you do not have to first file an informal complaint).
  • Submit detailed, factual and legal documents in support of your position.
Note: Formal complaints are usually prepared with the assistance of an attorney. These can involve lengthy pleadings, including affidavits and depositions. Typically, the formal complaint process involves a filing fee, but the FCC can waive fees if it would be in the public interest. You must apply to the FCC to obtain a waiver of these fees.



If you are interested in learning more about Section 255 of the Communications Act, check out these resources:


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Information Technology Technical Assistance and Training Center
Center for Assistive Technology and Environmental Access
Georgia Institute of Technology
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