C.F.R. » Title 28 » CHAPTER I—DEPARTMENT OF JUSTICE › PART 35—NONDISCRIMINATION ON THE BASIS OF DISABILITY IN STATE AND LOCAL GOVERNMENT SERVICES › Subpart E—Communications

28 C.F.R. § 35.161

Telecommunications

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(a) Where a public entity communicates by telephone with applicants and beneficiaries, text telephones (TTYs) or equally effective telecommunications systems shall be used to communicate with individuals who are deaf or hard of hearing or have speech impairments.

(b) When a public entity uses an automated-attendant system, including, but not limited to, voicemail and messaging, or an interactive voice response system, for receiving and directing incoming telephone calls, that system must provide effective real-time communication with individuals using auxiliary aids and services, including TTYs and all forms of FCC-approved telecommunications relay systems, including Internet-based relay systems.

(c) A public entity shall respond to telephone calls from a telecommunications relay service established under title IV of the ADA in the same manner that it responds to other telephone calls.

[AG Order No. 3180-2010, 75 FR 56184, Sept. 15, 2010]
Notes of Decisions
Cited in 3 cases, 1996–2018 · leading case: McBride v. Mich. Dep't of Corr., 294 F. Supp. 3d 695 (E.D. Mich. 2018).
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McBride v. Mich. Dep't of Corr., 294 F. Supp. 3d 695 (E.D. Mich. 2018). · cites it 3× “Here, Defendants are referring to 28 C.F.R. § 35.161 , which provides, in relevant part, "[w]here a public entity 9 communicates by telephone with applicants and beneficiaries, [TTYs] or equally effective telecommunications systems shall be used to communicate with individuals…”
Ferguson v. City of Phoenix, 931 F. Supp. 688 (D. Ariz. 1996). “” 28 C.F.R. § 35.161 . Thus, the regulations require that public entities “take appropriate steps, including equipping their emergency systems with modern technology, as may be necessary to promptly receive and respond to a call from users of TDD’s and computer modems.”
Ferguson v. City of Phoenix, 157 F.3d 668 (9th Cir. 1998). “See also 28 C.F.R. § 35.161 (stating that where a public entity communicates with the public by telephone, TDDs must be used to allow communication with the hearing impaired).”
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