NAD Lawsuit Against Morgan Stanley Settled

The National Association of the Deaf (NAD); Gary Phelan, an attorney in Stamford, Connecticut, representing Donald Brunner; and financial services firm Morgan Stanley have reached a settlement that will ensure that Telecommunications Relay Services (TRS) will be formally recognized as a secure option for accepting stock trade orders from deaf or hard of hearing accountholders. This agreement is believed to be the first of its kind to ensure that businesses comply with Title III of the Americans with Disabilities Act (ADA) by making their services provided by telephone accessible to deaf and hard of hearing individuals who use a relay service.

Relay services enable individuals who are deaf or hard of hearing, as well as individuals with speech impairments, to engage in communication in a manner that is functionally equivalent to the ability of a telephone user. Relay services are available in all 50 states, the District of Columbia, Puerto Rico, and the U.S. territories for local and/or long distance calls. Relay service providers are compensated from either a state or a federal fund; there is no cost to the user. A relay service call may be initiated by anyone, with or without a hearing or speech disability. Relay services are now available for many modes of accessing telecommunications, including text-to-voice (using a TTY, also known as a telecommunications device for the deaf, or TDD), voice/hearing carry over, Internet Protocol relay, video relay, captioned telephones, and other forms of relay services as so defined under Title IV of the ADA by the Federal Communications Commission.

In the agreement, Morgan Stanley has agreed to accept trade orders placed through a relay service by clients who are deaf or hard of hearing, when such trade orders would be accepted if placed by telephone. Morgan Stanley has also agreed to provide notice and training to internal personnel responsible for accepting trades via telephone.

A Morgan Stanley spokesperson said, “We are pleased to have worked together with the NAD. The resolution of the matter helps ensure that our clients, including those with disabilities, have a wider array of secure options for communicating trade orders. This resolution provides the basis for the Firm’s compliance not only with ADA legislation but also with our need to protect our clients’ assets and personal data.”

Kelby Brick, Director of NAD Law and Advocacy Center, expressed his satisfaction with the settlement with Morgan Stanley, and said, “We welcome Morgan Stanley’s partnership in this effort. People who are deaf or hard of hearing have the right to do business, to engage in the national economy, and have the same opportunities for economic empowerment and independence as anyone else. Morgan Stanley is taking the right steps to ensure that their clients have means to trade securely.”

Attorney Gary Phelan added, “This agreement is an important step towards ensuring that individuals who are deaf or hard of hearing have full, fair and unrestricted access to America’s financial institutions.”