[blindlaw] Cell phone litigation

[Ross Doerr]

Hi Greg:
What I'm after is to see about some enforcement of the FCC regs through some
avenue other than the glacial pace of what seems to be a somewhat toothless
requirement.
The reason I'm looking at some theory of Services for PWD that are
substantialy different from what the sighted receives is to use the FCC regs
as a bolster to the Title III action for services instead of saying, in the
complaint, that an accessible cell phone is the crux of the matter.
I'm fairly certain that a claim can be made along these lines in Federal
Court.
There are, of course other facts to the case that lend a "services" flavor
to the action, but I'm reluctant to note them here.
But thanks for the reply.
Ross
  
 

-----Original Message-----
From: blindlaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Greg Care
Sent: Wednesday, June 05, 2013 9:45 AM
To: blindlaw at nfbnet.org
Subject: Re: [blindlaw] Cell phone litigation

Ross,

I'm not familiar with any litigation concerning the accessibility of cell
phones. I think part of the problem with an ADA Title III claim would be
that the law covers services, not products. So, if what you are after is an
accessible product, I don't think the ADA is the best vehicle for that. I
know that the NFB entered into an agreement with Motorola on this topic, but
I believe that agreement expired last year.

Greg Care

Gregory P. Care
Brown, Goldstein & Levy, LLP

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Subject: blindlaw Digest, Vol 109, Issue 1

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Today's Topics:

   1. Cell phone litigation (Ross Doerr)


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Message: 1
Date: Mon, 3 Jun 2013 18:50:22 -0400
From: "Ross Doerr" <rumpole at roadrunner.com>
To: "'Blind Law Mailing List'" <blindlaw at nfbnet.org>
Subject: [blindlaw] Cell phone litigation
Message-ID: <EE4AC51ABD6E4CECA9037D3BB5FFEFA3 at mycomputer>
Content-Type: text/plain;	charset="us-ascii"

Has anyone on the list heard of any cases on cell phone accessibility? I'm
looking for authority, perhaps through Title III on access to services, that
sort of case, aimed at cell phone production or service providers.
I am aware of the FCC regulatory route, but that does not seem to have much
by way of impact.
Thanks.
Ross




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