Decision No. 609-AT-A-1999

November 2, 1999

File No. U 3570/99-31

APPLICATION

On July 12, 1999, Elliott Richman filed an application with the Canadian Transportation Agency (hereinafter the Agency) with respect to the matter set out in the title.

On August 13, 1999, Air Canada filed its answer. No reply was filed by Mr. Richman.

ISSUE

The issue to be addressed is whether the absence of a toll-free TTY number in Air Canada'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 an advertisement published in the July 6, 1999 edition of the Globe and Mail newspaper, Air Canada provided its customers with the latest information on the labour negotiations with its flight attendants and on measures it had taken to assist its customers in the event of a potential strike. For future updates, customers were advised to contact the carrier by phone, to check their newspapers or to visit its website. While the advertisement listed the carrier's regular toll-free number and its website address, it did not include a toll-free TTY number.

POSITIONS OF THE PARTIES

Mr. Richman gives Air Canada due credit for regularly listing its toll-free TTY reservation number along with its regular toll-free reservation number in many of its media advertisements, more particularly in seat sale promotional material. He was dismayed, however, to note the absence of a toll-free TTY number in the July 6 advertisement, as it prevented him from contacting Air Canada directly to obtain information about its flights to and from Montréal, Quebec, on July 9 and 11, 1999.

Mr. Richman states that, as all of his telecommunications are made only through TTYs, the fact that the advertisement was listing a regular toll-free number but no equivalent toll-free TTY number posed an undue hardship. He asks that all future advertisements published by Air Canada listing a regular toll-free number also list an equivalent toll-free TTY number.

Air Canada submits that its TTY number is included in all of its advertising material. However, this procedure was unfortunately overlooked in the advertisement in question, which, Air Canada explains, had been produced "hastily".

Air Canada states that the TTY number that should have appeared in the July 6 advertisement is, in fact, its regular TTY number, i.e. the TTY number that is listed in all other promotional material. Therefore, Air Canada points out that customers who would have called its TTY number would have had access to the exact same information and services as those calling its regular number.

Air Canada states that Mr. Richman's concerns were transmitted to its Advertising Department and that it has asked this Department to make appropriate arrangements to ensure that the regrettable situation experienced by Mr. Richman does not recur.

ANALYSIS AND FINDINGS

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

The Agency notes that Air Canada has indicated that the regular toll-free TTY number listed in all its promotional material could have been used by customers who are deaf or hard of hearing to access the same information and services that were provided to customers calling the toll-free number listed in the July 6 advertisement. Nevertheless, the Agency finds that the fact that the toll-free TTY number was not actually listed in the advertisement in question as being available for communication with the carrier constituted an obstacle to Mr. Richman. The Agency finds this obstacle to be undue as it could have easily been avoided had the toll-free TTY number been listed in the subject advertisement.

The Agency reiterates the opinion it expressed in past decisions that the ability to communicate independently by telephone is essential for all travellers, including persons who are deaf or hard of hearing, and that, as such, access to TTY numbers is required.

In this respect, the Agency notes that Air Canada does usually list its TTY number in its advertisement/promotional material. Mr. Richman has attested to this fact in his application. The Agency also notes that Air Canada has assumed responsibility for the omission of its toll-free TTY number in the July 6 advertisement, which, as explained by the carrier, had been produced "hastily".

As a result of the complaint, it is noted that Air Canada has informed its Advertising Department of the incident and requested that it make appropriate arrangements to ensure that its TTY number is included in all future public advertisements.

Accordingly, the Agency is satisfied that the corrective measures undertaken by Air Canada should assist in preventing the recurrence of the situation experienced by Mr. Richman and in eliminating certain undue obstacles to the mobility of travellers who are deaf or hard of hearing. On this basis, the Agency will not require further corrective measures of Air Canada. Regardless of the reasons for the oversight in the July 6 advertisement, Air Canada is hereby advised that its TTY number must appear in all future published material that provides information to the public.

CONCLUSION

Based on the above findings, the Agency concludes that the absence of a toll-free TTY number in the July 6 advertisement in question constituted an undue obstacle to Mr. Richman. Air Canada is hereby required to ensure that its TTY number appears in all advertisements published in Canada providing information about the carrier that is otherwise available to the general public.