The Telecommunications Act does only apply to the telecommunications portion of a device, so Code Factory's product may satisfy the Telecommunications Act, but 3rd party add-ons are allowable if making the device itself accessible is not readily achievable. Since Microsoft's other products are accessible, and both Google and Apple produce accessible cell phones, I doubt Microsoft could claim that making their Windows Phones accessible is not readily achievable.
Of course, if companies provide cell phones to their employees and expect them to use any features outside of the features provided by Code Factory's product then this would be in violation of the ADA. Also, if any US federal dollars are used to purchase a Windows Phone, I think the Rehabilitation Act is being violated, since there are options, such as the iPhone and Android phones, which are much more accessible and don't require a 3rd party application.
It isn't clear to me at all that Microsoft or Nokia are following the law, even if you just look at the Telecommunications Act. I'm not a federal judge though, so I think this still needs to be settled in the US courts before we'll know for sure.
On 5/26/2014 5:30 PM, David Chittenden wrote:
Actually, the telecommunications act states one model in a company's phone line needs to be accessible, when it is not an undo burden on the company to do so. As for Microsoft, Code Factory has developed an app for Windows Phone which performs all the basic functions within the phone. It cannot access any other app, but Microsoft is now within legal bounds. David Chittenden, MSc, MRCAA Email: dchitten...@gmail.com Mobile: +64 21 2288 288 Sent from my iPhoneOn 27 May 2014, at 4:25, Christopher J Chaltain <chalt...@gmail.com> wrote: Multiple US laws related to accessibility are being discussed here. The American's with Disability Act is meant to prevent discrimination against the disabled with respect to employment. Employers are required to provide reasonable accommodations for their employees. Unless your company requires you to use this allergy app, it would not be covered under the ADA. If your company did require you to use an allergy app, the pressure would be more on the company to find an accessible alternative rather than force the developer of this particular app to make it accessible. The Telecommunications Act says that telecommunications devices need to be accessible. Note that just because a device isn't accessible doesn't mean there isn't a law that's being violated. It may take someone taking Microsoft to court over their inaccessible cell phones before the law is enforced and Microsoft is forced to make their product accessible. The Rehabilitation Act requires that any products purchased by the federal government or with federal dollars need to be accessible. Note that there's a lot of overlap here. For example, if your company requires you to carry a cell phone than it needs to be accessible. If you work for a company or an agency that gets federal dollars than anything it purchases, such as a cell phone, needs to be accessible. It isn't the case that only apps and devices being marketed to the federal government need to be accessible. Reasonable accommodations in the ADA, the Telecommunications Act and even the Rehabilitation Act extend beyond federal government agencies. I'm not sure how many smart phones there are now running something other than Android or IOS or Windows Phone, but there have been and may still be some feature phones from LG, Samsung and Motorola which are accessible.On 5/26/2014 6:12 AM, David Chittenden wrote: No, companies are not required to make all apps and / or products blind, or deaf blind accessible. Some companies are required to make certain apps or products accessible. Don't believe me? Go purchase any new Nokia Phone running Windows Phone Seven or Eight and try to use it. Microsoft's most up-to-date phone software is not accessible. Purchase any Sony, Panasonic, or any other smart phone that is not Android and try using it. Absolutely zero of these phones are blind accessible. Unless the Allergy app is being marketed to the federal government, it does not need to be blind or deaf blind accessible. David Chittenden, MSc, MRCAA Email: dchitten...@gmail.com Mobile: +64 21 2288 288 Sent from my iPhoneOn 24 May 2014, at 20:05, todd patkus <tpat...@shellworld.net> wrote: All: This disappoints me a little. Under ADA regulations, companies are legally required to make their products, including apps ACCESSIBLE, not only for hearing-blind, but also for DEAFBLIND! If I were whoever the person having this issue, I would have shown the fat heavy book under my right arm, pointing these folks the proof what ADA says! You see I asked Brian if the allergy alert app was accessible for Braille, and he said he did not know! That is the point here. That is it. Thank you. Todd----- Original Message ----- From: "Vicki Howell" <vicki1...@comcast.net To: <viphone@googlegroups.com Date sent: Thu, 15 May 2014 13:32:47 -0400 Subject: RE: Weather Channel App No, Scott, you didn't do anything wrong. The Weather channel appis nolonger accessible for the blind, but there is an app calledDegrees. Ithink that it may cost $.99, but I think that it is very good. Iam tryingto remember if it is $99, or $1.99. I got this app last week.My husbandfound it and told me how good it was. So, that may be an optionfor you andothers looking for a Weather App. -----Original Message----- From: viphone@googlegroups.com [mailto:viphone@googlegroups.com]On BehalfOf Mike Arrigo Sent: Wednesday, May 14, 2014 1:57 PM To: viphone@googlegroups.com Subject: Re: Weather Channel App Yes, it's no longer accessible, currently the only work around isto use adifferent app. Original message:Hi, Sense the update to the Weather Channel app, two or three weeksago, Ihave found it to be inaccessible with VO. Have others noticedthis ordid something go wrong with my update? Does anyone know of anyworkaround?Thanks, Scott Duck -- The following information is important for all members of theviphonelist. All new members to the this list are moderated bydefault. 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