NAD and Law Firm Of Outten and Golden File Class Action Lawsuit Against Morgan Stanley

The National Association of the Deaf (NAD) and the law firm of Outten & Golden filed a class action discrimination complaint in Connecticut after Morgan Stanley refused to accept a stock trade order from a deaf accountholder who called using a Telecommunications Relay Service.

Donald Brunner, who is deaf, holds an account with Morgan Stanley, a global financial institution. When Brunner tried to buy and sell stocks by telephone, a service offered by Morgan Stanley, Brunner used a TTY and a relay service. Morgan Stanley informed him that calls made through relay services would not be accepted for stock trade purposes.

The lawsuit is believed to be the first of its kind to ensure that businesses comply with Title III of the Americans with Disabilities Act in providing access to deaf and hard of hearing individuals through the telephone. Morgan Stanley has an obligation to accept calls made through relay services when use of the telephone otherwise would be appropriate, such as when accountholders like Brunner want to place a trade order.  

Kelby Brick, Director of NAD Law & Advocacy Center, expressed his frustration with the pattern of discrimination exhibited by Morgan Stanley, stating, “Despite federal laws protecting deaf and hard of hearing individuals’ rights to do business like anyone else, too many places continue to disregard such rights and refuse deaf and hard of hearing individuals the opportunity to engage in the national economy.” Regarding Brunner’s case, in particular, Brick noted, “We must make sure that deaf and hard of hearing individuals continue to have the same opportunities for economic empowerment and independence. Especially at a time when the federal government is attempting to stimulate the national economy, we should be asserting our own potential to contribute to such national growth. Global financial institutions, like Morgan Stanley, need to be fully accessible to deaf and hard of hearing individuals.”

In his complaint, Brunner asks that Morgan Stanley develop and comply with policies to ensure it will accept calls made through relay services from its current and prospective accountholders, and that it will notify deaf and hard of hearing individuals of their rights to do business with Morgan Stanley using relay services.