
|
Note: On July 21st, 2004 from 1 - 3 PM ET, ITTATC hosted a nationwide gathering of technology
consumers.
During this free audio conference call (with simultaneous webcast captioning), a panel of experts educated consumers on the federal laws that support the availability of accessible information and telecommunication technology. Consumers were encouraged to take action during the hands-on portion of the event by working with the local host site facilitators and the experts to generate letters of complaint, which will be forwarded on to the appropriate organizations. Click here to see the presentation materials and a transcript of the event. |
Nothing will change unless consumers demand accessible
technology. Use this resource as a guide towards making a difference.
![]() |
The Basics of Speaking Out
Go back to Table of Contents Go forward to Your Legal Rights Return to Web Version |
| "How do you tell people you've never met that you don't think
they are doing their job as well as they could?" There are usually many different things that must be done when a company or agency needs to make a change to an existing product or service. You can provide valuable assistance by identifying the accessibility problems and making suggestions for ways to fix them. |
Go back to Table of Contents
Go forward to Your Legal Rights
Return to Web Version
![]() |
Your Legal Rights
Go back to Table of Contents Go back to The Basics of Speaking Out Go forward to Which Complaint Procedure Applies to You
Return to Web Version |
| "What laws are relevant to my situation?"
As awareness of disability issues has grown over the last decades, so too have the laws governing the rights of people with disabilities. Since this is an ongoing process, these laws have been developed at different times and places. It can be challenging to determine which regulations apply to a particular situation. This chapter will give you an overview of some of the primary Federal laws that apply to the accessibility of information and telecommunication technologies. |
CAUTION: The intent of this guide is to provide informal guidance on
how to speak out about inaccessible technology. ITTATC does not provide legal advice. Examples are given
for illustration purposes only, and they are not intended to be comprehensive or complete. If you need
legal assistance or advice on your specific situation, please contact an attorney or one of the
organizations mentioned in the section called Where to go for legal information and
help. |
Go back to Table of Contents
Go back to The Basics of Speaking Out
Go forward to Which Complaint Procedure Applies to You
Return to Web Version
![]() |
Which Complaint Procedure Applies to You Go back to Table of Contents Go back to Your Legal Rights Go forward to Complaint Procedures Return to Web Version |
| "If something needs to be changed, who do I tell and how?"
The complaint procedure that you should follow will vary depending on your situation. The short answer is that you should start by complaining to the party that is most directly involved, which may be a business, a non-profit or a governmental organization. If you are unable to reach a satisfactory resolution using the direct route, you may then need to escalate your complaint using the legal remedies that are available to you. |
|
If you have a problem with inaccessible telecommunications equipment or services... You may need to follow the complaint procedure for:
Review the following details to see which procedure applies to your situation. |
|
If you are a consumer who has encountered an inaccessible telecommunications product or service that is provided by a business | ||
| Follow the complaint procedure for Section 255 of the Communications Act |
|
If you are a person with a disability and you are unable to access telecommunications relay services | ||
| Follow the complaint procedure for ADA - Title IV |
|
If you have a problem with inaccessible information or telecommunication technology on the job...
You may need to follow the complaint procedure for: Review the following details to see which procedure applies to your situation. |
|
If you are an employee of a business or non-profit organization with at least 15 employees, you have a disability, and you have encountered discrimination because your job requires use of inaccessible technology or you cannot enjoy equal benefits and privileges of employment because of inaccessible technology or you are an applicant for a position in a business or non-profit organization with at least 15 employees, you have a disability, and you have encountered discrimination because the application process requires use of inaccessible technology | ||
| Follow the complaint procedure for ADA - Title I |
|
If you have a problem with inaccessible information or telecommunication technology that supports government-funded programs or activities... You may need to follow the complaint procedure for: Review the following details to see which procedure applies to your situation. |
|
If you are a person with a disability and you are unable to use public transportation because of inaccessible technology | ||
| Follow the complaint procedure for ADA - Title II (Public Transportation) |
|
If you have a problem with inaccessible information or telecommunication technology that supports private sector accommodations...
You may need to follow the complaint procedure for: Review the following details to see if the Title III procedure applies to your situation. |
|
If you have a problem with the accessibility of televised information... You may need to follow the complaint procedure for: Review the following details to see which procedure applies to your situation. |
|
If you are a consumer who has encountered a television that cannot decode or display closed captions | ||
| Follow the complaint procedure for The Television Decoder Circuitry Act |
|
If you are a consumer who has encountered a television program with no captioning or poor captioning | ||
| Follow the complaint procedure for Section 713 of the Communications Act |
Go back to Table of Contents
Go back to Your Legal Rights
Go forward to Complaint Procedures
Return to Web Version
![]() |
Complaint Procedures Go back to Table of Contents Go back to Which Complaint Procedure Applies to You Go forward to Templates for Letters of Complaint Return to Web Version |
Go back to Table of Contents
Go back to Which Complaint Procedure Applies to You
Go forward to Templates for Letters of Complaint
Return to Web Version
![]() |
Section 501 Rehab Act Complaint Procedure Go back to Table of Contents Go back to Complaint Procedures Go forward to Section 504 Rehab Act Complaint Procedure Return to Web Version |
| "What if the employer from which I need an accommodation is the
Federal government?" The accessibility of technology within the work environment affects your ability to achieve and maintain employment. Section 501 of the Rehabilitation Act is designed to ensure that employees and potential employees of the executive branch of the Federal government who have disabilities get the accommodations they need to obtain and perform their jobs. The executive branch includes most Federal agencies, and some examples are the Department of Health and Human Services, the Department of Transportation, and the United States Postal Service. |
|
Note: There is some overlap in the applicability of Sections 501, 504, and 508 of the
Rehab Act. In certain cases, you should follow multiple complaint procedures to take advantage of all
legal remedies available to you.
For example, if you are a Federal employee with a disability, and you have encountered inaccessible technology on the job, in addition to filing a complaint using the Section 501 procedure, you also can follow the Section 504 complaint procedure (which applies to all programs and activities that are conducted by any Federal executive agency or the United States Postal Service). In the most comprehensive case, if you are a Federal employee with a disability, and you have encountered inaccessible technology on the job that was purchased after June 21, 2001, you can follow all three of the complaint procedures: Section 501, Section 504, and Section 508. See the Section 504 and Section 508 complaint procedures for more information about their applicability. |
| Contact your immediate manager or other relevant senior management and try to resolve the problem | Provide:
|
| Document your interactions with the employing agency |
|
| If you cannot resolve the problem by working directly with the employing agency... | |
| Contact the Equal Employment Opportunity (EEO) Counselor in the employing agency |
The agency will conduct EEO counseling or offer mediation or another form of alternative dispute resolution. Note: You must initiate contact with the counselor within 45 days of the discriminatory act or within 45 days of when you became aware of it. |
| If you cannot resolve the issue informally with your agency's EEO Counselor, the agency will give you a Notice of Final Interview, and you will have 15 days from the date of the notice to file a formal complaint. | |
| File a formal complaint with the employing agency | You should provide a signed statement from yourself or your attorney that includes:
Once a formal complaint is filed, the matter will either be dismissed or investigated, and you may proceed either to an agency decision or a hearing before an EEOC Administrative Judge. |
| If you want to appeal the agency's or Administrative Judge's decision… | |
| Complete the EEOC's appeal form | You can find the appeal form at http://www.eeoc.gov/federal/md110/appendixk.html.
Note: You may appeal an agency's final action or dismissal of a complaint within 30 days of receipt. |
| Sign the form and mail it to the EEOC's Office of Federal Operations (OFO) | The Equal Employment Opportunity Commission Office of Federal Operations P.O. Box 19848 Washington, D.C. 20036 |
| The EEOC's decision will be based on a preponderance of the evidence. The decision will also inform you of your right to file a civil action. Prior to filing a civil action under the Rehabilitation Act, you must first complete the administrative process according to the EEOC's regulations (29 CFR Part 1614). | |
Go back to Table of Contents
Go back to Complaint Procedures
Go forward to Section 504 Rehab Act Complaint Procedure
Return to Web Version
![]() |
Section 504 Rehab Act Complaint Procedure Go back to Table of Contents Go back to Complaint Procedures Go forward to Section 508 Rehab Act Complaint Procedure Return to Web Version |
| "If something is being funded by the Federal government,
shouldn't it be accessible to everyone?" It is the stated intent of the Federal government that all of its programs and activities should be available to all citizens. Discrimination on the basis of disability is not allowed. Activities and programs provided by a Federal executive agency or anyone receiving Federal financial assistance are governed by Section 504 of the Rehabilitation Act. |
|
Note: There is some overlap in the applicability of Sections 501,
504, and 508 of the Rehab Act. In certain cases, you should follow multiple complaint procedures to take
advantage of all legal remedies available to you.
For instance, if you are a Federal employee with a disability who has encountered inaccessible technology on the job, you should consider filing (1) a Section 501 complaint, (2) a Section 504 complaint and (3) a Section 508 complaint (if the inaccessible technology was purchased after June 21, 2001). If you are not a Federal employee but Section 504 seems to apply to your situation, you also should consider filing a Section 508 complaint if the inaccessible technology was purchased after June 21, 2001. The main difference between Section 504 and Title II of the ADA is that one applies to the recipients of grants from the Federal government (Section 504) and the other applies only to state and local public entities (Title II). As an example, a school or college may be both a recipient of Federal funds from the U.S. Department of Education and also a public entity. In such cases, the institution is covered by both laws, and you should consider pursuing both complaint procedures. |
| Build and document your case |
| ||||||||
| Contact the Federal agency providing the funds for the program or activity and find out how to register a complaint | |||||||||
| Follow the agency's specific procedures | Each Federal agency is responsible for enforcing its own regulations. Often agencies have internal
offices that are specifically dedicated to resolving complaints based on discrimination, including
discrimination on the basis of disability. You also may contact the U.S. Department of Justice for more information on how to file 504 complaints:
|
Go back to Table of Contents
Go back to Complaint Procedures
Go forward to Section 508 Rehab Act Complaint Procedure
Return to Web Version
![]() |
Section 508 Rehab Act Complaint Procedure Go back to Table of Contents Go back to Complaint Procedures Go forward to Section 255 Communications Act Complaint Procedure
Return to Web Version |
| "What if I can't use information technology that is provided by the Federal government?"
The technology revolution of the last few years has resulted in the use of electronic formats that store and display a great deal of information. Section 508 seeks to ensure the accessibility of electronic and information technology used by Federal government employees as well as the accessibility of technology needed by consumers to access information provided by the Federal government. |
|
Note: There is some overlap in the applicability of Sections 501,
504, and 508 of the Rehab Act. In certain cases, you should follow multiple complaint procedures to take
advantage of all legal remedies available to you.
For instance, if you are a Federal employee with a disability who has encountered inaccessible technology on the job, you should consider filing (1) a Section 501 complaint, (2) a Section 504 complaint and (3) a Section 508 complaint (if the inaccessible technology was purchased after June 21, 2001). If you are a member of the public with a disability and Section 508 seems to apply to your situation, you also should consider filing a Section 504 complaint if the technology in question affects your ability to access a program or activity that either receives Federal financial assistance or is conducted by any Federal executive agency or the United States Postal Service. |
| Build and document your case |
|
| Contact the 508 Coordinator for the applicable agency and find out how to register a complaint | |
| Follow the agency's specific procedures | Under Section 508, each agency develops procedures for handling complaints. |
Go back to Table of Contents
Go back to Complaint Procedures
Go forward to Section 255 Communications Act Complaint Procedure
Return to Web Version
![]() |
Section 255 Communications Act Complaint Procedure
Go back to Table of Contents Go back to Complaint Procedures Go forward to Section 713 Communications Act Complaint Procedure Return to Web Version
|
| "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. |
|
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. |
| Build and document your case |
| ||||||||||||
| 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 |
| ||||||||||||
| 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:
|
||||||||||||
| 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 |
| ||||||||||||
Go back to Table of Contents
Go back to Complaint Procedures
Go forward to Section 713 Communications Act Complaint Procedure
Return to Web Version
![]() |
Section 713 Communications Act Complaint Procedure
Go back to Table of Contents Go back to Complaint Procedures Go forward to ADA - Title I Employment Complaint Procedure
Return to Web Version |
| "There's a problem with the captioning on this show." Television is an important conduit of information, whether it is journalistic, educational, cultural or social. The Federal government has mandated that every effort be made to make television programming accessible to people with disabilities. Closed captioning, which makes this possible, is required by Section 713 of the Communications Act. |
| Build and document your case |
| ||||||||||
| File an informal complaint with the FCC |
Forward documentation of your case to the FCC using one of the following methods:
| ||||||||||
| OR | |||||||||||
| File a written complaint with the video program distributor before formally filing with the FCC | Before you file a formal complaint with the FCC, you must file a written complaint with the video program distributor no later than the end of the calendar quarter (e.g., April - June) after the calendar quarter (e.g., January - March) when you believe the violation occurred.
| ||||||||||
| Collect copies of any responses you receive from the distributor |
| ||||||||||
| If you are not satisfied with the response from the video program distributor, or you do not receive a response at all… | |||||||||||
| File a formal complaint with the FCC |
Forward documentation of your case - including your interactions with the distributor - to the FCC using one of the following methods:
| ||||||||||
| After you send your complaint to the FCC, the responsible party has 15 days within receiving the complaint to respond to the FCC and to send a copy of its response to you. | |||||||||||
Go back to Table of Contents
Go back to Complaint Procedures
Go forward to ADA - Title I Employment Complaint Procedure
Return to Web Version
![]() |
ADA - Title I Employment Complaint Procedure
Go back to Table of Contents Go back to Complaint Procedures Go forward to ADA - Title II State and Local Government Activities Complaint Procedure
Return to Web Version |
| "What if accessibility issues are preventing me from being
able to work where I'd otherwise be able?" There are times when the use of inaccessible information or telecommunication technology creates a discriminatory environment in the workplace. Title I of the Americans with Disabilities Act is designed to protect the civil rights of those with disabilities who work in the private sector or state or local government. |
| Contact your immediate manager or other relevant senior management and try to resolve the problem |
Provide:
| ||||||
| Document your interactions with the employer |
| ||||||
| If you cannot resolve the problem by working directly with the employer… | |||||||
| Build and document your case |
|
||||||
| Contact a field office of the Equal Employment Opportunity Commission (EEOC) |
For information and instructions on reaching your local office, call:
| ||||||
| Follow the EEOC's instructions on how to file a complaint | The employment provisions of the ADA are enforced under the same procedures applicable to race, color, sex, national origin, and religious discrimination under Title VII of the Civil Rights Act of 1964, as amended, and the Civil Rights Act of 1991. | ||||||
Go back to Table of Contents
Go back to Complaint Procedures
Go forward to ADA - Title II State and Local Government Activities Complaint Procedure
Return to Web Version
![]() |
ADA - Title II State and Local Government Activities Complaint Procedure
Go back to Table of Contents Go back to Complaint Procedures Go forward to ADA - Title II Public Transportation Complaint Procedure
Return to Web Version |
| "What if I find that some state or local government programs are not accessible?" Title II of the Americans with Disabilities Act requires that State and local governments give people with disabilities equal access to the programs, services and activities they sponsor. |
| Note: The main difference between Section 504 and Title II of the ADA is that one applies to the recipients of grants from the Federal government (Section 504) and the other applies only to state and local public entities (Title II). As an example, a school or college may be both a recipient of Federal funds from the U.S. Department of Education and also a public entity. In such cases, the institution is covered by both laws, and you should consider pursuing both complaint procedures. |
| Contact the person who manages the program, service, or activity and try to resolve the problem |
Provide:
| ||||
| Document your interactions with the state or local government |
| ||||
| If you cannot resolve the problem through the internal grievance procedure of the state or local government... | |||||
| Build and document your case |
|
||||
| Complete the Department of Justice's Title II complaint form |
You can find a Title II complaint form at
http://www.usdoj.gov/crt/ada/t2cmpfrm.htm or call:
| ||||
| Sign the form and mail it to the DOJ | U.S. Department of Justice Civil Rights Division Disability Rights Section - NYAV 950 Pennsylvania Avenue, NW Washington, D.C. 20530 Tip: If you wish your complaint to be considered for referral to the Department's ADA Mediation Program, please mark "Attention: Mediation" on the outside of the envelope. | ||||
Go back to Table of Contents
Go back to Complaint Procedures
Go forward to ADA - Title II Public Transportation Complaint Procedure
Return to Web Version
![]() |
ADA - Title III Public Accommodations Complaint Procedure
Go back to Table of Contents Go back to Complaint Procedures Go forward to ADA - Title IV Telecom Relay Services Complaint Procedure
Return to Web Version |
| "Just because a company offers a service to the public at large, do they have to offer it to me?" Certain services offered to the general public by private enterprises qualify as public accommodations. Title III of the Americans with Disabilities Act is intended to make sure that people with disabilities are able to access the same services as the rest of the community. |
| CAUTION: Title III of the ADA may have limited applicability to inaccessible Internet technologies and websites. You are strongly urged to consult with an attorney or your local Protection and Advocacy organization (www.napas.org) for specific legal advice before proceeding with an ADA-based complaint about inaccessible technology in court. |
| Contact the person who manages the public accommodations and try to resolve the problem |
Provide:
| ||||
| Document your interactions with the business or non-profit that is providing the accommodations |
| ||||
| If you cannot resolve the problem directly with the business or non-profit service provider... | |||||
| Build and document your case in a letter of complaint |
|
||||
| Gather additional information for the letter of complaint, if possible |
|
||||
| Sign and mail the letter of complaint to the Department of Justice |
U.S. Department of Justice Civil Rights Division Disability Rights Section - NYAV 950 Pennsylvania Avenue, NW Washington, D.C. 20530 Tip: In certain situations, cases may be referred to a mediation program sponsored by the Department.
| ||||
Go back to Table of Contents
Go back to Complaint Procedures
Go forward to ADA - Title IV Telecom Relay Services Complaint Procedure
Return to Web Version
![]() |
ADA - Title IV Telecom Relay Service Complaint Procedure
Go back to Table of Contents Go back to Complaint Procedures Go forward to Hearing Aid Compatibility Act Complaint Procedure
Return to Web Version |
| "I'm deaf, and I want to be able to use telephone services. Don't I have a right to access?" Telephones are important parts of everyday life. Title IV of the Americans with Disabilities Act requires telephone companies to provide services that facilitate telephone communications between people who have hearing or speech disabilities and people who may or may not. |
| Note: In addition to Title IV of the ADA, a separate law called the Telecommunications Accessibility Enhancement Act (TAEA) requires the Federal government to provide relay services for calls to, from, and within the Federal government. The General Services Administration (GSA) is responsible for overseeing the day-to-day operation of the Federal relay. The TAEA also requires the GSA to maintain a Federal directory of TTY numbers and to publish TTY numbers in other phone directories developed by Federal agencies. Complaints about the Federal relay service should be directed to GSA. There is no specific complaint procedure, but individuals may bring complaints about the Federal relay system to the attention of GSA. For more information about the Federal relay system, see www.fts.gsa.gov/frs. |
| Contact your state's TRS provider and try to resolve the problem | Relay Service Providers | ||||||||
| Document your interactions with the TRS |
| ||||||||
| If you cannot resolve the problem by working directly with the TRS provider... | |||||||||
| Document the complaint |
|
||||||||
| Send the complaint to your state's point of contact |
Forward documentation of your case - including your interactions with the TRS provider - to your state's
point of contact: TRS Points of Contact for Complaints Note: The state has 180 days to resolve your complaint. If your complaint is against a provider that offers interstate services only, go to the next step, which explains how to send an informal complaint to the FCC. |
||||||||
| If the state fails to act on your complaint within 180 days, you are dissatisfied with the state's resolution, or your complaint is against a provider that offers interstate services only (including all video relay services)... | |||||||||
| Send an informal complaint to the FCC |
Forward documentation of your case - including your interactions with the TRS provider and the state - to the FCC using one of the following methods:
| ||||||||
| If you are dissatisfied with the provider's response to the informal complaint or the FCC's decision to terminate the complaint... | |||||||||
| File a formal complaint with the FCC | The information required for the informal and formal complaint processes are the same. The formal complaint, however, must be in writing and mailed to the FCC. In addition, you may need to obtain legal counsel when bringing a formal complaint. | ||||||||
| The FCC will forward the complaint to the TRS provider named in the complaint. The TRS provider must satisfy or answer the complaint within the time specified by the FCC. | |||||||||
Go back to Table of Contents
Go back to Complaint Procedures
Go forward to Hearing Aid Compatibility Act Complaint Procedure
Return to Web Version
![]() |
Hearing Aid Compatibility (HAC) Act Complaint Procedure
Go back to Table of Contents Go back to Complaint Procedures Go forward to Television Decoder Circuitry Act Complaint Procedure
Return to Web Version |
| "My digital wireless phone does not work well with my hearing aid." People who use hearing aids may find that they have trouble using certain telephones, or they may experience interference from the interactions between the two devices. The Hearing Aid Compatibility Act contains requirements for manufacturers to provide telephone models that are compatible with hearing aid technology. |
|
Note: There is some overlap in the applicability of the Hearing Aid Compatibility (HAC) Act and Section 255 of the Communications 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. |
| Build and document your case |
|
||||||||
| Contact the customer service department, accessibility program manager or relevant senior management at the telecom company and try to resolve the problem | |||||||||
| Document your interactions with the telecom company |
| ||||||||
| If you cannot resolve the problem by working directly with the telecommunications company... AND you live in a state that has adopted the FCC's hearing aid compatibility rules... | |||||||||
| File an informal complaint with your state's public utility commission (PUC) |
|
||||||||
| If you cannot resolve the problem by working directly with the telecommunications company AND you DO NOT live in a state that has adopted the FCC's hearing aid compatibility rules... OR you cannot resolve the problem by working directly with the state's PUC... | |||||||||
| Document your case |
| ||||||||
| File an informal complaint with the FCC |
Forward documentation of your case - including your interactions with the telecommunications company - to the FCC using one of the following methods:
| ||||||||
Go back to Table of Contents
Go back to Complaint Procedures
Go forward to Television Decoder Circuitry Act Complaint Procedure
Return to Web Version
![]() |
Television Decoder Circuitry Act Complaint Procedure
Go back to Table of Contents Go back to Complaint Procedures Go forward to Televised Emergency Programming Complaint Procedure
Return to Web Version |
| "My TV won't display captioning." Captioning requirements for networks won't do any good if the television circuitry needed to decode them are not readily available. With the Television Decoder Circuitry Act, Congress has mandated that caption decoding capability be standard in a wide variety of television products. |
| Build and document your case |
|
||||||||
| Contact the customer service department or relevant senior management at the TV manufacturer and try to resolve the problem | Google Search Engine (to look for the company) | ||||||||
| Document your interactions with the business |
| ||||||||
| If you cannot resolve the problem by working directly with the television manufacturer... | |||||||||
| File an informal complaint with the FCC |
Forward documentation of your case - including your interactions with the manufacturer - to the FCC using one of the following methods:
| ||||||||
Go back to Table of Contents
Go back to Complaint Procedures
Go forward to Televised Emergency Programming Complaint Procedure
Return to Web Version
![]() |
Televised Emergency Programming Complaint Procedure
Go back to Table of Contents Go back to Complaint Procedures Go forward to Templates for Letters of Complaint
Return to Web Version |
| "How can I be sure that televised emergency broadcasts will be accessible to me?" During a civil emergency it is particularly important that information be provided to all citizens in a timely manner. The FCC requires that all emergency programming be accessible to people with visual and/or hearing disabilities. |
| Build and document your case |
|
||||||||
| Contact the customer service department or relevant senior management at the TV program distributor or TV station and try to resolve the problem | Google Search Engine (to look for the company) | ||||||||
| Document your interactions with the business |
| ||||||||
| If you cannot resolve the problem by working directly with the television programming distributor or television station... | |||||||||
| File an informal complaint with the FCC |
Forward documentation of your case - including your interactions with the programming distributor - to the FCC using one of the following methods:
| ||||||||
| The FCC will notify the video programming distributor of the complaint, and the distributor must respond to the complaint within 30 days. | |||||||||
Go back to Table of Contents
Go back to Complaint Procedures
Go forward to Templates for Letters of Complaint
Return to Web Version
![]() |
Scenarios and Sample Letters of Complaint
Go back to Table of Contents Go back to Complaint Procedures Go forward to Templates for Letters of Complaint
Return to Web Version
|
| "Do you have some examples?" Sometimes it is helpful to see examples of "good" letters of complaint to help you get past writer's block. Review the following fictional scenarios to see how several specific situations could be pursued. |
Go back to Table of Contents
Go back to Complaint Procedures
Go forward to Templates for Letters of Complaint
Return to Web Version
![]() |
The Scenario: An Inaccessible Federal Website Go back to Table of Contents Go back to Scenarios and Sample Letters of Complaint Go forward to A Cordless Phone that Interferes with a Hearing Aid
Return to Web Version
|
|
Letter writing tips: In this introductory section, introduce yourself as a member of the public and state the accessibility problem and your willingness to work with the Federal agency. |
|
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... |
|
Letter writing tips: Describe the personal hardship that results from your inability to use the technology. |
|
Letter writing tips: Suggest some solutions to the accessibility problem. |
|
Letter writing tips: List the laws that may be violated, if you know them. |
|
Letter writing tips: Tell them the best way to contact you, and propose a deadline for their response. And now, finishing off the letter... |
|
Letter writing tips: At the end of the letter, copy the appropriate senior management. Managers of the technology and procurement departments are particularly relevant. |
Go back to Table of Contents
Go back to Scenarios and Sample Letters of Complaint
Go forward to A Cordless Phone that Interferes with a Hearing Aid
Return to Web Version
![]() |
The Scenario: A Cordless Phone that Interferes with a Hearing Aid Go back to Table of Contents Go back to Scenarios and Sample Letters of Complaint Go forward to An Inaccessible Copier at a County Library
Return to Web Version
|
|
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. |
|
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... |
|
Letter writing tips: List the laws that may be violated, if you know them. |
|
Letter writing tips: Tell them the best way to contact you, and propose a deadline for their response. Back to the letter... |
|
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. |
Go back to Table of Contents
Go back to Scenarios and Sample Letters of Complaint
Go forward to An Inaccessible Copier at a County Library
Return to Web Version
![]() |
The Scenario: An Inaccessible Copier at a County Library Go back to Table of Contents Go back to Scenarios and Sample Letters of Complaint Go forward to An Inaccessible Telephone Banking System
Return to Web Version
|
|
Letter writing tips: In this introductory section of the letter, introduce yourself as a member of the public, and state the accessibility problem and your willingness to work with the County government. |
|
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... |
|
Letter writing tips: Describe the personal hardship that results from your inability to use the technology. |
|
Letter writing tips: Suggest some solutions to the accessibility problem. |
|
Letter writing tips: Offer to help the government department to define accessibility requirements and to test technology that is being considered for purchase, if you can. |
|
Letter writing tips: List the laws that may be violated, if you know them. |
|
Letter writing tips: Tell them the best way to contact you, and propose a deadline for their response. |
|
Letter writing tips: At the end of the letter, copy the appropriate senior management. Managers of the technology and procurement departments are particularly relevant. |
Go back to Table of Contents
Go back to Scenarios and Sample Letters of Complaint
Go forward to An Inaccessible Telephone Banking System
Return to Web Version
![]() |
The Scenario: An Inaccessible Telephone Banking System Go back to Table of Contents Go back to Scenarios and Sample Letters of Complaint Go forward to Templates for Letters of Complaint
Return to Web Version
|
|
Letter writing tips: In this introductory section of the letter, introduce yourself as a member of the public, and state the accessibility problem and your willingness to work with the company |
|
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. |
|
Letter writing tips: Describe the personal hardship that results from your inability to use the technology. |
|
Letter writing tips: Suggest some solutions to the accessibility problem. |
|
Letter writing tips: List the laws that may be violated, if you know them. Also, try to determine which company developed the technology. |
|
Letter writing tips: Tell them the best way to contact you, and propose a deadline for their response. |
|
Letter writing tips: At the end of the letter, copy the appropriate senior management. Managers of the technology and consumer departments are particularly relevant. |
Go back to Table of Contents
Go back to Scenarios and Sample Letters of Complaint
Go forward to Templates for Letters of Complaint
Return to Web Version
![]() |
Templates for Letters of Complaint
Go back to Table of Contents Go back to Complaint Procedures Go forward to Where to Go for Legal Information and Help
Return to Web Version |
| "But what do I say?" When you are frustrated by an inaccessible product or service (and faced with a blank sheet of paper), it can be difficult to figure out what to say in a letter of complaint. Use the following templates as guides to help you articulate the problems you have encountered and your expectations for resolution. |
Go back to Table of Contents
Go back to Complaint Procedures
Go forward to Where to Go for Legal Information and Help
Return to Web Version
Go back to Templates for Letters of Complaint
Go forward to Letter of Complaint about Employment-related Activities
Return to Web Version
Go back to Templates for Letters of Complaint
Go forward to Letter of Complaint to a Governmental Agency
Return to Web Version
Go back to Templates for Letters of Complaint
Return to Web Version ![]() |
Where to Go for Legal Information and Help
Go back to Table of Contents Go back to Templates for Letters of Complaint Go forward to Quick Reference of Key Organizations
Return to Web Version |
| "Where can I get the legal expertise I need if I have to prove that certain changes are required by law?" In some cases, goodwill and customer service may not be enough to convince companies and organizations to make their products and services accessible, especially if the needed changes are seen as expensive or useful only to a small group of people. In these instances, you may need to contact legal experts who can help you navigate the steps you need to follow to successfully attain accessible equipment and services. This chapter provides general information on where you can go to find legal assistance. |
| The National Association of Protection and Advocacy Systems, Inc. (NAPAS) | A voluntary national membership association of the Protection and Advocacy (P&As) Systems and Client Assistance Programs (CAPs) that assumes leadership in promoting and strengthening the role and performance of its members in providing quality legally based advocacy services. The P&As and CAPs comprise the nationwide network of congressionally mandated, legally-based disability rights agencies. | 900 Second Street, NE Suite 211 Washington, D.C. 20002 Phone: 202-408-9514 Fax: 202-408-9520 info@napas.org http://www.napas.org Click "About P&As / CAPS" to access a link to your state's office |
| Disability and Business Technical Assistance Centers (DBTACs) | The National Institute on Disability and Rehabilitation Research (NIDRR) has established ten regional centers to provide information, training, and technical assistance to employers, people with disabilities, and other entities with responsibilities under the ADA. The Centers act as a "one-stop" central, comprehensive resource on ADA issues in employment, public services, public accommodations, and communications. In addition to ADA services, the Centers assist individuals and entities in better understanding related disability legislation that may impact their rights or responsibilities. | Voice/TTY: 800-949-4232 Click here to visit this resource. |
| Disability Rights Education and Defense Fund (DREDF) | A national law and policy center in disability civil rights that offers education, training and technical assistance to persons with disabilities, parents of children with disabilities, lawyers, service providers and policy makers about disability civil rights laws and policies. DREDF represents clients, serves as co-counsel, and files amicus briefs in the appellate courts and the U.S. Supreme Court. | 2212 Sixth Street Berkeley, CA 94710 Voice/TTY: 510-644-2555 Fax: 510-841-8645 dredf@dredf.org http://www.dredf.org |
| National Association of the Deaf (NAD) Law Center | The NAD Law Center reviews hundreds of cases involving problems with employment, education, receipt of social services, access to commercial and non-profit services, technology, court and police procedures. Law Center attorneys advise and assist deaf people with legal problems involving deafness, and provide technical assistance to lawyers who represent deaf clients. | 814 Thayer Avenue Silver Spring, MD 20910-4500 Voice: 301-587-1788 TTY: 301-587-1789 Fax: 301-587-1791 NADinfo@nad.org http://www.nad.org |
| Arizona Center for Disability Law | The Center receives specific Federal protection and advocacy funding to assist people with certain kinds of disabilities, such as developmental disabilities or serious mental illness. The Center serves individuals whose disability is the reason for discrimination, abuse or neglect, or failure to provide needed services. | 100 North Stone Ave. Suite 305 Tucson, AZ 85701 Voice/TTY: 520-327-9547 Voice/TTY: 800-922-1447 Fax: 520-884-0992 center@acdl.com http://acdl.com |
| Disability Rights Advocates (DRA) | DRA is a non-profit legal center dedicated to protecting the civil and human rights of people with disabilities throughout the United States and the world. DRA represents people with disabilities in over 50 active cases, most of which focus on health care access, employment rights, public accommodations, international advocacy, testing, education, and schools. Most of their cases focus on high impact litigation. Often they litigate cases on behalf of a class of plaintiffs. As a result, most of their cases address systemic violations of Federal and state disability rights laws rather than isolated incidents. | 449 15th Street Suite 303 Oakland, CA 94612-2821 Phone: 510-451-8644 TTY: 510-451-8716 Fax: 510-451-8511 general@dralegal.org http://www.dralegal.org/ |
Go back to Table of Contents
Go back to Templates for Letters of Complaint
Go forward to Quick Reference of Key Organizations
Return to Web Version
Quick Reference of Federal Accessibility Laws Related to Information and Telecommunication Technology
Go back to Table of Contents Go back to Where to Go for Legal Information and Help Go forward to Quick Reference of Key Organizations
Return to Web Version
|
| Tele- communications |
Job-related technology | Government-funded activity | Private business | Television |
![]() | Highlights of the Complaint Procedures that Apply to Telecommunications... |
| Section 255 of Communications Act | Section 508 of Rehabilitation Act |
|
|
| ADA Title IV | Hearing Aid Compatibility (HAC) Act |
|
|
![]() | Highlights of the Complaint Procedures that Apply to Job-related Technology... |
| Section 501 of Rehabilitation Act | Section 508 of Rehabilitation Act |
|
|
| ADA Title I | |
|
![]() | Highlights of the Complaint Procedures that Apply to Government-funded Activity... |
| Section 504 of Rehabilitation Act | Section 508 of Rehabilitation Act |
|
|
| ADA Title II (A) | ADA Title II (B) |
|
|
![]() | Highlights of the Complaint Procedures that Apply to Technology Used to Support Private Businesses... |
| ADA Title III |
|
![]() | Highlights of the Complaint Procedures that Apply to Television... |
| Section 713 of Communications Act | TV Decoder Circuitry Act |
|
|
| Televised Emergency Programming | |
|
Go back to Table of Contents
Go back to Where to Go for Legal Information and Help
Go forward to Copyright and Credit Information
Return to Web Version
![]() |
Quick Reference of Key Organizations
Go back to Table of Contents Go back to Where to Go for Legal Information and Help Go forward to Copyright and Credit Information Return to Web Version
|
| Department of Justice (DOJ) | Civil Rights Division Disability Rights Section - NYAV 950 Pennsylvania Avenue, NW Washington, D.C. 20530 Voice: 1-800-514-0301 TTY: 1-800-514-0383 www.usdoj.gov |
| Equal Employment Opportunity Commission (EEOC) | 1801 L Street, N.W. Washington, D.C. 20507 Voice: 1-800-669-4000 TTY: 1-800-669-6820 www.eeoc.gov |
| Federal Communications Commission (FCC) | Consumer & Governmental Affairs Bureau Consumer Complaints 445 12th Street, SW Washington, DC 20554 Voice: 1-888-225-5322 TTY: 1-888-835-5322 Fax: 1-866-418-0232 www.fcc.gov |
| Federal Transit Administration (FTA) | Director, FTA Office of Civil Rights 400 7th Street, S.W. Room 9102 Washington, D.C. 20590 Voice: 1-888-446-4511 www.fta.dot.gov |
| The National Association of Protection and Advocacy Systems, Inc. (NAPAS) |
900 Second Street, NE Suite 211 Washington, D.C. 20002 Phone: 202-408-9514 Fax: 202-408-9520 www.napas.org |
The Information Technology Technical Assistance and Training Center (ITTATC) |
Georgia Institute of Technology 490 Tenth Street NW Atlanta, GA 30318 Voice/TTY: 1-866-948-8282 Fax: 404-894-9320 www.ittatc.org |
Go back to Table of Contents
Go back to Where to Go for Legal Information and Help
Go forward to Copyright and Credit Information
Return to Web Version

Go back to Table of Contents
Go back to Quick Reference of Key Organizations
Return to Web Version