National Association of the Deaf

The National Association of the Deaf (NAD), representing Heidi Forrest, settled a disability discrimination complaint against WorldWide Direct/Buydig.com, Inc. The complaint, filed with the United States Department of Justice, claimed that Buydig.com, an online retailer, refused to accept Ms. Forrest’s Telecommunications Relay Service (TRS) call. Kelby Brick, NAD Director of Law and Advocacy, commented “this is an important precedent establishing that stores and businesses must comply with the law by accepting relay calls.” Buydig.com allows customers to place orders for the purchase of digital products by phone, fax, mail, and online. In July 2004, Forrest initiated on online order. After initiating her order, Buydig.com contacted Forrest by email, requesting that she call the customer service number provided. Buydig.com did not indicate that its phone number was accessible to TTY calls so Forrest attempted to call the customer service number using relay. Buydig.com refused to accept Forrest’s relay calls, explaining that they do not accept "these calls." As a result, Forrest never had an opportunity to communicate with a Buydig.com representative. Buydig.com then cancelled her order. As part of the settlement, Buydig.com agreed to comply with the following conditions: * produce and provide all company personnel with a written copy of the company policy requiring acceptance of relay calls in compliance with Title III of the ADA; * provide comprehensive training to all personnel on Buydig.com obligations to accept relay calls; * post a notice on the Buydig.com website of its policy of accepting relay calls. “Now deaf or hard of hearing individuals can receive equal access to the products and services of Buydig.com,” Brick continued, “We are happy to see a retailer change their policies in order to ensure deaf or hard of hearing individuals are treated equally.” For more news and information regarding requirements of businesses to provide access to deaf and hard of hearing individuals as well as other individuals with disabilities, please visit the following website: http://www.nad.org/ADAtitleIII