Are we required under the Americans with Disabilities Act (ADA) to have a dedicated telecommunications device for the deaf/teletypewriter (TDD/TTY) phone line and phone for incoming calls? We find that more people use our secure relay service instead, and we would like to remove this equipment if we don’t need it.

In general, we do not believe that the ADA requires you to maintain any specific types of auxiliary aids or services, provided that your bank can continue to effectively communicate with individuals with disabilities — with one proviso explained below. Consequently, we believe that you may remove your bank’s TDD/TTY equipment if you have determined that your bank can effectively communicate with individuals who are deaf or hard of hearing using your secure relay service.

Under the ADA, places of public accommodation (including banks) generally must provide auxiliary aids and services when necessary to communicate effectively with people who have communication disabilities. The type of aid necessary for effective communication will vary according to the type of communication used by the individual, the nature, length, and complexity of the communication involved, and the context in which the communication is taking place.

For telecommunications specifically, the Department of Justice’s ADA rules require your automated attendant services to “provide effective real-time communication with individuals using auxiliary aids and services, including text telephones (TTYs) and all forms of FCC-approved telecommunications relay systems, including Internet-based relay systems.” For phone calls incident to your operations, the ADA rules specifically allow the use of relay services in place of direct telephone communication and provide that the ADA does not require a public accommodation to use a text telephone for receiving or making telephone calls.

There is one exception to the generally flexible ADA rules on telecommunications. If you offer customers the opportunity to make outgoing telephone calls on more than an incidental convenience basis, you must provide “accessible public telephones, TTYs, or other telecommunications products and systems for use by an individual who is deaf or hard of hearing, or has a speech impairment.” We believe it is unlikely for a bank to provide customers with the opportunity to make phone calls (except on an incidental basis). However, if you do provide such opportunities (for example, a phone bank for customer use), we recommend maintaining accessible public telephones or TTY equipment to comply with this requirement.

Outside of the rules specific to businesses providing the opportunity to make outgoing calls, we believe that the flexibility built into the ADA rules would allow your bank to rely on secure relay services to communicate with customers who are deaf or hard of hearing. You may wish to document the fact that most of your customers use your secure relay services instead of TTY services should any questions arise after the removal of your TDD/TTY equipment.

For resources related to our guidance, please see:

ADA Rules, 28 CFR 36.104 (“Place of public accommodation means a facility operated by a private entity whose operations affect commerce and fall within at least one of the following categories . . . (6) A . . . bank . . .”)

ADA Rules, 28 CFR 36.303(c)(1) (“A public accommodation shall furnish appropriate auxiliary aids and services where necessary to ensure effective communication with individuals with disabilities. This includes an obligation to provide effective communication to companions who are individuals with disabilities.”)

ADA Rules, 28 CFR 36.303(c)(1)(ii) (“The type of auxiliary aid or service necessary to ensure effective communication will vary in accordance with the method of communication used by the individual; the nature, length, and complexity of the communication involved; and the context in which the communication is taking place. A public accommodation should consult with individuals with disabilities whenever possible to determine what type of auxiliary aid is needed to ensure effective communication, but the ultimate decision as to what measures to take rests with the public accommodation, provided that the method chosen results in effective communication. In order to be effective, auxiliary aids and services must be provided in accessible formats, in a timely manner, and in such a way as to protect the privacy and independence of the individual with a disability.”)

ADA Rules, 28 CFR 36.303(d) (“(1) When a public accommodation 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 text telephones (TTYs) and all forms of FCC-approved telecommunications relay systems, including Internet-based relay systems.
(2) A public accommodation that offers a customer, client, patient, or participant the opportunity to make outgoing telephone calls using the public accommodation’s equipment on more than an incidental convenience basis shall make available accessible public telephones, TTYs, or other telecommunications products and systems for use by an individual who is deaf or hard of hearing, or has a speech impairment.

(3) A public accommodation may use relay services in place of direct telephone communication for receiving or making telephone calls incident to its operations.

(4) A public accommodation 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.

(5) This part does not require a public accommodation to use a TTY for receiving or making telephone calls incident to its operations.”)
28 CFR Part 36, Appendix C (“Section 36.303(d) specifically addresses requirements for TDD’s. Partly because of the availability of telecommunications relay services to be established under title IV of the ADA, § 36.303(d)(2) provides that a public accommodation is not required to use a telecommunication device for the deaf (TDD) in receiving or making telephone calls incident to its operations. . . . A public accommodation is, however, required to make a TDD available to an individual with impaired hearing or speech, if it customarily offers telephone service to its customers, clients, patients, or participants on more than an incidental convenience basis. Where entry to a place of public accommodation requires use of a security entrance telephone, a TDD or other effective means of communication must be provided for use by an individual with impaired hearing or speech. In other words, individual retail stores, doctors’ offices, restaurants, or similar establishments are not required by this section to have TDD’s, because TDD users will be able to make inquiries, appointments, or reservations with such establishments through the relay system established under title IV of the ADA. The public accommodation will likewise be able to contact TDD users through the relay system. On the other hand, hotels, hospitals, and other similar establishments that offer nondisabled individuals the opportunity to make outgoing telephone calls on more than an incidental convenience basis must provide a TDD on request.”)