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The Scenario:
A Cordless Phone that
Interferes with a Hearing Aid

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A description of the scenario:

Man who is hard of hearing
He wears a hearing aid with a telecoil
He purchased a cordless phone that interferes with his hearing aid

Which complaint procedures apply to this scenario?¹

Does the problem involve...

Telecommunications? Yes!
Job-related Technology? No.
Technology used in a government-funded program or activity? No.
Technology provided by² or used to access private businesses? No.
Televised information? No.

¹The decision logic used in this scenario is based on the approach described in the section called, Which Complaint Procedure Applies to You.
²The phrase "technology provided by a private business" covers technology that is used to support the business, e.g., a retail website or an information kiosk in a store, not the technology that is sold by the business.

Our choices related to telecommunications include:

ADA Title IV? Does not involve telecommunications relay service (TRS).
Section 508? Does not involve the Federal Government.
Section 255? Yes, but...
The HAC Act? Bingo!

The general principle when more than one law seems to apply:

When you have a general law (e.g., Section 255) and a more specific law (e.g., the HAC Act) covering the same issue, it is generally better to use the complaint procedure for the more specific (and often stronger) statute.
Section 255 is subject to the readily achievable defense, while the mandates under the HAC Act are absolute.

Sample Letter of Complaint for
A Cordless Phone that Interferes with a Hearing Aid

Your Street Address
Your City, State, Zip Code
January 28, 2004

Phonecorp Customer Service Center
987 Telecom Way
Carrier, NY 12345-3456

To whom it may concern:

Re: Phonecorp cordless phone model 1357D

On January 15th, 2004, I purchased a Phonecorp model 1357D cordless phone from Big Box electronics store. Unfortunately, I have found that it is not accessible to me because it interferes with my hearing aid. I am interested in working with you to make it more accessible to people who wear hearing aids so we can enjoy the convenience of using your cordless telephone.

Letter writing tips:

In this introductory section of the letter, introduce yourself as a customer, and state the accessibility problem and your willingness to work with the company.

I use hearing aid model 123XY from the Opti-Hearing Company. Upon the recommendation of my audiologist, I made sure to buy a hearing aid with a telecoil when I was fitted for the device two years ago. Over the past two years, I have used a competitor's cordless phone, and I had no problems with interference. Now, when I use the Phonecorp cordless phone, I am unable to hear the party I am trying to speak to because of a loud background tapping noise. I have determined that the interference is caused by the phone and not by other sources of electromagnetic interference because the interference disappears when I turn off and disconnect the phone.

Letter writing tips:

In this section of the letter, describe how your functional limitation affects your ability to use the system, and describe what happens and what does not happen. Back to the letter...

The Hearing Aid Compatibility Act requires all wireline and cordless telephones manufactured or imported for use in the United States to be compatible with hearing aids. In addition, Section 255 of the Communications Act requires manufacturers and providers of telecommunications equipment and services to make their technology accessible to and usable by people with disabilities, if readily achievable. Both of these laws apply to this situation. If you cannot make your cordless phone compatible with my hearing aid, I will request a refund and I will purchase another manufacturer's product. In addition, I will report the incompatibility to the Federal Communication Commission.

Letter writing tips:

List the laws that may be violated, if you know them.

Please contact me at the above address or by phone at 555-555-6789 (home) to discuss this issue. I would appreciate a reply by March 1, 2004. I look forward to working with you on a resolution to my accessibility problem.

Sincerely,

Margaret Aural

Letter writing tips:

Tell them the best way to contact you, and propose a deadline for their response. Back to the letter...

cc: Jane Smith
     Director of Product Development
     Phonecorp
     987 Telecom Way
     Carrier, NY 12345-3456

     John Johnson
     Chairman & CEO, Consumer Products
     Phonecorp
     987 Telecom Way
     Carrier, NY 12345-3456

Letter writing tips:

At the end of the letter, copy the appropriate senior management. Managers of the product development and consumer departments are particularly relevant.

Final tip for this scenario:

If you cannot resolve this problem by working with the company...

File an informal (or formal) complaint with the FCC

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Georgia Institute of Technology
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