NAD Files Complaint against Online Retailer that Refused a Relay Call

The National Association of the Deaf (NAD), representing Heidi Forrest, filed a disability discrimination complaint against WorldWide Direct/ Buydig.com. The complaint, filed with the United States Department of Justice (DOJ), claims that Buydig.com, an online retailer, refused to accept Ms. Forrest’s Telecommunications Relay Service (TRS) call.

Buydig.com allows customers to place orders for the purchase of digital products by phone, fax, mail, and online over the Internet. In July 2004, Forrest initiated on online order. After initiating her order, Buydig.com contacted Forrest by e-mail, requesting that she call the customer service number provided. Because Buydig.com did not indicate that it was accessible to TTY calls, Forrest attempted to call the customer service number using TRS.

Buydig.com refused to accept Forrest’s TRS calls, stating that they do not accept "these [TRS] calls." As a result, Forrest never had an opportunity to communicate with a Buydig.com representative. As a result, Buydig.com cancelled her order. 

Kelby N.  Brick, Director of the NAD Law and Advocacy Center, expressed his dissatisfaction with Buydig.com’s failure to meet its legal obligations under Title III of the ADA.  "It is frustrating and inadequate for a public accommodation to exclude deaf individuals from its products or services."  Brick continued, "There is no justification for treating deaf or hard of hearing customers any differently than other customers in this context, where TRS technology is available at no cost or inconvenience to the retailer. It also does not make good business sense."

The NAD and Forrest asked that the DOJ find that WorldWide Direct/Buydig.com discriminated against her on the basis of disability in violation of Title III of the ADA. The DOJ was also asked to order Buydig.com to establish and implement a communication accessibility and training policy that would allow the company to accept TRS calls.