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.

When to use this procedure: You are a consumer who has encountered a wireline or cordless telephone that is not hearing aid compatible or does not have volume control. If the timeframe is after 2005 or 2006, you are a consumer who has encountered a digital wireless telephone that is not compatible with your hearing aid or cochlear implant.

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.

Products and services that are covered by the Hearing Aid Compatibility Act:

• Wireline telephones, including cordless telephones



• Certain wireless telephones after 2005

Other "fine print":

• Anyone can file a HAC Act complaint, i.e., you do not have to have a disability; you just need to have information about a telephone that you believe is not hearing aid compatible.



• All wireline and cordless telephones must have volume control and internal parts that are compatible with hearing aids. Typically, this means that these telephones must have enough magnetic leakage to allow a hearing aid wearer to turn off the volume on the aid, and instead use the aid's telecoil to receive sound. In 2003, the FCC issued rules that phase in these HAC requirements to certain digital wireless telephones. In addition, the FCC rules phase in requirements for certain digital wireless phones to reduce interference caused by electromagnetic frequencies.



• The FCC's rules require the following for each type of digital transmission (GSM, CDMA, TDMA, iDEN): (1) By 2005, digital manufacturers must make available at least 2 digital phones with reduced interference; (2) By 2005, nationwide digital carriers must make available either 2 telephones or 25% of the total number of models they offer with reduced interference; and (3) By 2006, digital manufacturers and carriers must provide at least 2 digital telephones with telecoil capability.



• Under the HAC Act, the FCC does not require digital phones to have volume control, although most wireless telephones already provide this feature.

How to proceed with the complaint process:

Build and document your case	Your name, address, telephone/TTY number and email address 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 Suggestions for improvement, especially if such features exist on a competitor's product Assistive technology you use with this product or service, such as whether you use a hearing aid or cochlear implant 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 telecom company and try to resolve the problem	Manufacturers of Telecommunications Equipment Providers of Telecommunications Services Google Search Engine (to search for other companies)
Document your interactions with the telecom company	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... 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)	Follow the complaint procedure provided by your state's PUC. As of September 2003, three states have adopted the FCC's HAC rules: Illinois, Massachusetts, and Vermont. States are supposed to try to resolve HAC complaints within 30 days. Note: If a state that has adopted the FCC's HAC rules has failed to act on your complaint within 6 months, file an informal complaint with the FCC (see procedure below).
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	Your name, address, and telephone number The name and address of the manufacturer or carrier against whom the complaint is made Names and telephone numbers of the company representatives that you contacted, the dates that you spoke with these representatives, and any other information that would help process your complaint A statement of facts showing how you believe the company violated the HAC Act and the FCC's implementing rules What you want the company to do to provide you with accessibility
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: Online: http://www.fcc.gov/cgb/complaints.html 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

If you are interested in learning more about the HAC Act, check out these resources:

• The FCC's Hearing Aid Compatibility Compliance for Telephone Equipment



• The FCC's Consumer Alert on promoting accessibility of digital wireless phones



• The Access Board's Market Monitoring Report (Section 255 guideline on hearing aid coupling)



• Gallaudet University's Technology Access Program



• The Trace Center's information on Designing More Usable Telecommunications

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