Verizon Settles O’Day FCC Complaint
Suit Alleged Failure to Make Products and Services Accessible

By Jeffrey Silva
August 27 13:16:00, 2004


WASHINGTON—Verizon Wireless today said it reached a settlement with Dr. Bonnie O’Day over a 2003 complaint filed with the Federal Communications Commission in which she alleged the nation’s top mobile-phone operator violated federal law by failing to make its products and services accessible to people with visual disabilities.

The settlement follows an accord O’Day, who is blind, reached with Audiovox Communications Corp. last December regarding a separate but related complaint.

O’Day praised the settlement, stating: “I filed the complaint because blind and low-vision people were frustrated with the pace of progress achieved by the wireless industry. Verizon Wireless’ commitment in this settlement to breaking down the barriers to accessibility, however, makes them a leader in providing wireless access to blind and visually impaired consumers.”

Terms of the settlement were not released. The parties, however, said Verizon Wireless later this year intends to introduce a moderately priced wireless handset with new accessibility features to address some of the concerns raised by O’Day. The O’Day-Audiovox settlement also led to the production of a new mobile phone that can be used by blind people.

The FCC did not immediately respond to a question on whether, as a result of the two settled complaints, it intends to affirmatively press for improved access to mobile-phone service for consumers who are blind.

The joint press release said Verizon Wireless has taken additional steps to provide people with disabilities easier access to user information such as bills, manuals and product information in accessible formats; to modify its Web site to be more user friendly for blind and low-vision individuals; and to modify employee training on disability issues.

The release said Verizon Wireless also is assessing additional, more advanced speech output capabilities for mobile handsets carried on its network with a view toward incorporating these capabilities in future models.

Scott H. Strauss and James N. Horwood of Spiegel & McDiarmid represented O’Day. The two lawyers took the case on a pro bono basis because of its potential significance to visually impaired mobile-handset customers and to the companies that offer products and services to them. Earlier this year, Strauss received the American Foundation for the Blind’s 2004 Access Award in appreciation of his efforts.

 © 2004 Crain Communications, Inc.