How to Decide Which Complaint Procedure Applies to You
Scenario 1: Inaccessible Federal Website
Scenario 2; Cordless Phone that Interferes with a Hearing Aid
Scenario 3: Inaccessible Copier at a County Library
Scenario 4: Inaccessible Telephone Banking System
ITTATC Audioconference
July 21, 2004
1:00 to 3:00 PM ET
Toll free: 866-9ITTATC (948-8282) (Voice/TTY)
www.ITTATC.org
ITTATC promotes the development of accessible electronic and information technology products and services related to Section 508 of the Rehabilitation Act and Section 255 of the Telecommunications Act by providing:
Information, Technical Assistance and Training to Industry, Trainers, State Officials, and Consumers
Note: The "Speak Out" and this presentation are copyrighted as of 2004 by the Georgia Tech Research Corporation (GTRC)
The run through of various scenarios involving inaccessible technology includes an inaccessible Federal website; a cordless phone that interferes with a hearing aid; an inaccessible copier at a county library; and an inaccessible telephone banking system
How to Complain Effectively
An Overview of Federal Laws
The Rehabilitation Act of 1973 (as amended in 1998)
Section 501
The Rehabilitation Act of 1973 (as amended in 1998)
Section 504
The Rehabilitation Act of 1973 (as amended in 1998)
Section 508
The Communications Act of 1934 and the Telecommunications Act of 1996
Section 255
The Communications Act of 1934 and the Telecommunications Act of 1996
Section 713
The Americans with Disabilities Act of 1990
Title 1
The Americans with Disabilities Act of 1990
Title 2 Subtitle A
The Americans with Disabilities Act of 1990
Title 2 Subtitle B
The Americans with Disabilities Act of 1990
Title 3
The Americans with Disabilities Act of 1990
Title 4
The Hearing Aid Compatibility (HAC) Act of 1998
The Television Decoder Circuitry Act of 1990
Televised Emergency Programming Rules
How to Decide
Which Procedures Apply and Sample Letters
The general principle when more than one law seems to apply
To: Some Federal Agency
Public Communication Division
123 G Street, NW
Washington, D.C. 20520
To whom it may concern:
Concerning: Travel advisories posted to www.fedsite.gov
On several occasions over the past year, I have tried to access the travel advisory information that is posted on the www.fedsite.gov website. Unfortunately, as a retiree who is starting to feel the effects of aging (i.e., some vision loss and hand tremors), I have found that your website is not very accessible to me. I am interested in working with you to make it more accessible to senior citizens such as myself so all people can enjoy the convenience of web-based travel advisories.
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.
There are a couple of buttons on the web page that are identified only through the use of color, i.e., “Click the green button to search,” but given my low level of vision, I am not able to easily discern where the applicable buttons are located. In addition, because of my vision loss, I can only read information on web pages that is in a large font with good contrast. The fonts and color choices that are used on your web page make it very difficult for me to read the posted information. A friend helped me setup my own style sheet that specifies how I prefer to view web pages, i.e., in an extra large font with white characters on a black background, but your website is setup to override my style sheet.
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...
Because I cannot use the travel advisory website, I must call your office to learn about the warnings and other updates that apply to my travel destination. This phone call is long-distance for me, and many times I am placed on hold for 10 – 15 minutes before I reach a representative. If I could use the web-based travel advisory page, I could learn this important information in a few minutes and save myself time and long-distance phone charges.
Letter writing tips:
In this section of the letter, describe the personal hardship that results from your inability to use the technology.
To resolve the problem, I would appreciate some modifications to the www.fedsite.gov website. The buttons that are identified only by color should also include text that describes their purpose. For instance, the green button that is used to start the search function could be labeled with the word “Start” or “Go” so I have another way to locate the appropriate button. In addition, your web developers should make whatever changes are necessary so that their web page specifications do not interfere with my style sheet settings.
Letter writing tips:
In this section of the letter, suggest some solutions to the accessibility problem.
Section 508 of the Rehabilitation Act requires Federal agencies to procure, develop, maintain, and use electronic and information technology that adheres to certain accessibility standards. The purpose of the law is to ensure that members of the public with disabilities have access to the same information and technologies as members of the public without disabilities. It is my understanding that your agency hired a consultant to develop the travel advisory web page in August of 2001, which means that the law is enforceable via the complaint procedure.
In addition, Section 504 of the same act states that people with disabilities may not be denied the benefits of a program or activity that is conducted by any Federal executive agency. This law also requires that your website be accessible to me and other people with disabilities.
Letter writing tips:
In this section of the letter, 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.
Letter writing tips:
In this section of the letter, tell them the best way to contact you, and propose a deadline for their response. Back to the letter...
Sincerely,
Signature of Webster Jones
Webster Jones
cc:
Jane Smith
Information Technology Division Chief
Some Federal Agency
123 G Street, NW
Washington, D.C. 20520
and
John Johnson
Procurement Executive
Some Federal Agency
123 G Street, NW
Washington, D.C. 20520
Letter writing tips:
In this section of the letter, copy the appropriate senior management. Managers of the technology and procurement departments are particularly relevant.
If you cannot resolve the problem by working with the Federal agency…
The general principle when more than one law seems to apply
To: Phonecorp Customer Service Center
987 Telecom Way
Carrier, NY 12345-3456
To whom it may concern:
Concerning: 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 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.
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:
In this section of the letter, 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.
Letter writing tips:
In this section of the letter, tell them the best way to contact you, and propose a deadline for their response. Back to the letter...
Sincerely,
Signature of Margaret Aural
Margaret Aural
cc:
Jane Smith
Director of Product Development
Phonecorp
987 Telecom Way
Carrier, NY 12345-3456
and
John Johnson
Chairman & CEO, Consumer Products
Phonecorp
987 Telecom Way
Carrier, NY 12345-3456
Letter writing tips:
In this section of the letter, copy the appropriate senior management. Managers of the product development and consumer departments are particularly relevant.
If you cannot resolve the problem by working with the business…
File an informal (or formal) complaint with the FCC
To: Some County Public Library System
Director, Library Department
123 Main Street, SE
Pleasantville, OH 45678
To whom it may concern:
Concerning: Copiers at Central Branch of County Public Library System
On January 25th, 2004, I tried to use the copiers that are located at the central branch of the County library. Unfortunately, as a person who uses a wheelchair, I cannot use the copiers because they are too high and their control screens are too difficult to read from where I sit. I am interested in working with you to make them more accessible (or to find new copiers that are accessible) so people with lower mobility impairments can enjoy the use of the copiers at all branches of the County library system.
Letter writing tips:
In this 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.
Specifically, I find it difficult to place and retrieve documents on the glass surface of the copier because the surface is located above the height of my shoulder. When I do manage to place the book on the copier, it often is not centered exactly right. I also have difficulty reaching and lowering the document cover. In addition, the screen that controls the number of copies and the types of paper is an LCD screen, which is impossible to read from my angle of sight. Typically, with this type of screen, the user must view it from directly overhead so the letters and numbers are legible.
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.
Because I cannot use the copiers, I have to do one of the following to record the information I need: (1) make handwritten notes (or type the information into my laptop computer), or (2) ask the librarian or another patron of the library to make copies for me. When I conduct research, I often need to return to the copier several times during the course of one visit to the library. Having to continually request assistance from employees who have other tasks or library patrons who have their own work is both difficult and demeaning. Although I want to be able to complete my research independently, I am unable to do so because of the limitations presented by your copiers. Not being able to use the copier on my own severely limits my ability to use the information that is found in reference books and journals since these resources cannot leave the library.
Letter writing tips:
In this section of the letter, describe the personal hardship that results from your inability to use the technology.
There are ways to make your copiers more accessible to me and other people who use wheelchairs. For instance, some copiers can be controlled by a PC that is attached to the copier. When the PC is located near the copier on a table at a suitable height, a user in a wheelchair can select the desired options, e.g., the number of copies and the type of paper, that are usually accessed through the standard (but inaccessible) control panel. There are also document feeders that operate in a similar fashion, i.e., through a separate component that provides the desired functionality of capturing the document image, but which can be located and operated at a lower height.
Letter writing tips:
In this section of the letter, suggest some solutions to the accessibility problem. Back to the letter...
When the library replaces the existing copiers, accessibility features should be a mandatory part of the procurement specifications, and, when possible, fully accessible copiers should be purchased from the start. I am ready and willing to work with the County to help you find a solution to the immediate problem – and to help you define accessibility requirements for future purchases of copiers. (I also can help you assess the accessibility of different copiers during the proposal evaluation phase of the procurement.)
Letter writing tips:
In this section of the letter, offer to help the government department to define accessibility requirements and to test technology that is being considered for purchase, if you can.
Title II of the ADA requires state and local governments to give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities. State and local governments are required to undertake methods that result in making their services, programs, and activities readily accessible and usable by people with disabilities unless doing so would result in an undue burden to the government or a fundamental alteration to the program. One way that a public entity may comply with Title II is by redesigning equipment to make it accessible to people with disabilities. In this case, making your copiers accessible to people with disabilities would not result in an undue burden or a fundamental alteration of the library service.
In addition, Section 504 of the Rehabilitation Act states that people with disabilities will not be denied the benefits of a program or activity that receives Federal financial assistance. If the County library receives any Federal financial assistance, Section 504 also would apply to this situation.
Letter writing tips:
In this section of the letter, 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.
Letter writing tips:
In this section of the letter, tell them the best way to contact you, and propose a deadline for their response. Back to the letter...
Sincerely,
Signature of Reid Moore
Reid Moore
cc:
Jane Smith
Director of Information Technology
Some County Government
123 Main Street, SE
Pleasantville, OH 45678
and
John Johnson
Director of Procurement Services
Some County Government
123 Main Street, SE
Pleasantville, OH 45678
Letter writing tips:
In this section of the letter, copy the appropriate senior management. Managers of the technology and procurement departments are particularly relevant.
If you cannot resolve the problem by working with the County government…
To: Bankcorp Customer Service Center
100 Corporate Drive
Palmdale, CA 12345-3456
To whom it may concern:
Concerning: account number 1234-5678-9012-3456-78
I have been a customer of Bankcorp for 10 years. On many recent occasions, I have tried to use your telephone banking system using the 1-800-555-1234 phone number. While this system may be very convenient to many of your customers, as someone who is hard of hearing and has severe arthritis, the telephone-based service is not very accessible to me. I am interested in working with you to make it more accessible to people with disabilities so they can enjoy the convenience of telephone banking too.
Letter writing tips:
In this section of the letter, introduce yourself as a customer, and state the accessibility problem and your willingness to work with the company.
Because I am hard of hearing, it is difficult for me to hear long automated messages that are fast. In order to understand the various messages and prompts that your telephone banking system provides, I am often forced to call the system multiple times for a single transaction. In addition, as I have aged, my arthritis has worsened, making it very difficult for me to enter long series of numbers on telephone keypads. The telephone banking system asks me to enter an 18-digit code in order to access my account (and it limits the amount of time I have to enter the 18-digits), so typically I am not able to quickly and accurately enter the code as required by the system. When the time limit expires, I am prompted to enter the code again, starting from the first number because none of my previous entries are remembered.
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.
Because I cannot use the telephone banking system I am forced to visit my local bank branch to conduct nearly all of my account transactions. These transactions include transferring money between accounts, checking my current balances, and clarifying details on my bank statement. I must use public transportation to reach the local branch, and because of the infrequent scheduling of stops, each time I visit the bank I must set aside 3 hours to allow for travel to and from the location. If I could use the telephone banking system, these types of transactions could be completed in minutes.
Letter writing tips:
In this section of the letter, describe the personal hardship that results from your inability to use the technology. Back to the letter...
There are many ways you can make your telephone banking system accessible to me and other people with disabilities. At the start of the call, the system should allow the customer to exit out of the standard menu-based system in a quick and easy manner. For instance, if I could press one key and be redirected to a live person who would address my inquiries, then I would no longer be locked out of the telephone-based system. Other options may be to program the system so that it understands selections that are spoken by the customer, or to allow customers to press a key that would provide more time to respond to the prompts.
Letter writing tips:
In this section of the letter, suggest some solutions to the accessibility problem.
There are two laws that require you to provide access to your telephone systems. First, Title III of the Americans with Disabilities Act requires banks and other places of public accommodation to make their services accessible to people with disabilities. More specifically, these private businesses must provide reasonable modifications to their services unless doing so would result in an undue burden to the businesses or a fundamental alteration of those services. Because there are technological and other solutions for making your automated answering systems accessible, doing so would result in neither an undue burden for your bank nor a fundamental alteration of these services.
Second, 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. If Bankcorp developed this system, the law applies directly to your company. If Bankcorp bought the system from a technology vendor, then I would like to pursue resolution of this matter with the vendor and I would appreciate knowing the appropriate contact information.
Letter writing tips:
In this section of the letter, list the laws that may be violated, if you know them. Also, try to determine which company developed the technology.
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.
Letter writing tips:
In this section of the letter, tell them the best way to contact you, and propose a deadline for their response. Back to the letter...
Sincerely,
Signature of Nancy Jones
Nancy Jones
cc:
Jane Smith
Chief Operations and Technology Officer
Bankcorp
123 Wall Street
New York, New York 10043
and
John Johnson
Chairman & CEO, Consumer Services
Bankcorp
123 Wall Street
New York, New York 10043
Letter writing tips:
In this section of the letter, copy the appropriate senior management. Managers of the technology and consumer departments are particularly relevant.
If you cannot resolve the problem by working with the bank…
Toll free: 866-9ITTATC (948-8282) (Voice/TTY)
www.ITTATC.org
The End