Decision No. 335-AT-A-1999

June 14, 1999

June 14, 1999

APPLICATION by Elliot Richman pursuant to subsection 172(1) of the Canada Transportation Act, S.C., 1996 c. 10, concerning the absence of a TTY (telephone-teletype used by people with a hearing impairment) reservation number in an advertisement of Northwest Airlines Inc.

File No. U 3570/99-9


APPLICATION

Elliot Richman filed an application with the Canadian Transportation Agency (hereinafter the Agency) with respect to the matter set out in the title. The application was received on February 14, 1999.

Northwest Airlines Inc. (hereinafter Northwest) filed an answer to the application on March 27, 1999 and Mr. Richman filed his reply on March 31, 1999. Additional comments were filed by both parties.

ISSUE

The issue to be addressed is whether the absence of a TTY reservation number in Northwest's advertisement constituted an undue obstacle to Mr. Richman's mobility and, if so, what corrective measures should be taken.

FACTS

Mr. Richman is deaf and uses a TTY to communicate by telephone. In a January 2, 1999 advertisement in the Globe and Mail, Northwest promoted travel from Canadian points. While the advertisement provided a reservation voice number, it did not contain an alternative way of communication for the deaf, i.e. a TTY number. However, Northwest's public timetable does list a TTY 1-800 number.

POSITIONS OF THE PARTIES

Mr. Richman submits that, since all his telecommunications are made only through TTYs, he was dismayed to note the absence of such a number in the Northwest advertisement. He stated that not providing an equivalent TTY reservation line subjects him to an undue hardship. Mr. Richman asks that all future Northwest advertisements list a TTY toll free reservation number, whenever a reservation telephone number is displayed in the advertisement.

By letter dated March 25, 1999, Northwest advises that, in response to Mr. Richman's complaint, it now lists its TTY 1-800 reservation number in its Canadian promotional material. The carrier further advises that this number will be listed in Canadian telephone directories as they are republished. The carrier also provided a copy of its revised newspaper advertisement showing the TTY 1-800 number.

By letter dated April 1, 1999, Northwest advises that it does intend to continue including TTY numbers in all future media promotions in Canada.

ANALYSIS AND FINDINGS

In making its findings, the Agency has considered all the material submitted by the parties during the pleadings.

In this case, Mr. Richman noted the absence of a TTY number but did not elaborate on whether he actually intended to make a reservation with Northwest. The Agency finds that the absence of a TTY number in the advertisement in question constituted an obstacle to travellers who use TTYs. The obstacle is undue in that it could have been easily avoided by the carrier through a listing in its promotional material.

The Agency notes that, although the TTY 1-800 number was not listed in the advertising in question, the service has been available to customers for a long period of time and is shown in Northwest's public timetable. The Agency further notes the measures undertaken by Northwest with respect to the listing of a TTY 1-800 number in its present and future advertisements, as well as in Canadian telephone directories and public timetables.

These findings are also consistent with the Agency's position expressed in its report entitled Communications Barriers: A Look at Barriers to Communication Facing Persons with Disabilities who Travel by Air, released on November 20, 1997. This report was issued in response to consumer concerns and following consultation with air carriers, airports and groups and individuals who represented persons with sensory or cognitive disabilities. It contains twenty-five (25) recommendations made to the air industry as well as measures put forward by the Agency to ensure implementation of its recommendations. The Agency established in Recommendation 2 that all air carriers must outline in a clear and concise Alternative Format Policy how they will provide to persons with disabilities information that is otherwise available to the general public. In this respect, it was recommended among other things that this policy always provide for an alternative way to communicate with the carrier in public communications, such as a TTY number to contact the carrier for information, and that the TTY number be displayed along with the voice number in seat sale advertisements or other information. The report further recommends that, in refresher training, emphasis be placed on the importance of personnel having a working knowledge of services and policies offered by air carriers including communication of information issues.

CONCLUSION

The Agency finds that the absence of a TTY number in the advertisement in question constituted an undue obstacle to travellers who use TTYs.

Based on the above findings and in light of the corrective measures undertaken by Northwest, no action is contemplated in this matter.

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