Zoom Class Action Lawsuit Says Hearing-Impaired Users Charged for Closed Captioning Service

Since the coronavirus pandemic hit and people across the country have been working from home more, and gathering with friends and family in-person less, Zoom’s webchat and virtual meeting services have become so popular the company’s name now doubles as a verb.

Can we Zoom? Let’s Zoom tomorrow. We’ll go over that when we Zoom.

One segment of the population isn’t getting the same benefit from Zoom as the rest, though, according to a recent class action lawsuit: the deaf and hearing-impaired.

The free version of Zoom does not include closed captioning services. For that, a Zoom user has to upgrade to a paid subscription. The policy is the subject of a new class action lawsuit that has been filed by two hearing-impaired men who say Zoom is running afoul of the law by withholding services to the disabled.

Russell Kane of New York and Christopher Myers of California say they rely on auxiliary aids and services, interpreters, video remote interpreting communication software and closed captioning to function as independent persons.

Zoom, meanwhile, “requires hearing-impaired individuals to purchase additional technology to participate fully in the services it offers,” their class action lawsuit says. “While the defendant already possesses the technology to support the closed captioning software, the services can cost $200.00 per hour or higher.”

Kane and Myers say they have used Zoom’s video conferencing in the past, but their only option was to attempt lip reading during the sessions.

The class action lawsuit accuses Zoom of violating Title III of the federal Americans with Disabilities Act, the New York Human Rights Laws, and California’s Unruh Civil Rights Act.

The class action cites a letter written by Assistant U.S. Attorney General Stephen E. Boyd in 2018 that “confirmed that public accommodations must make the websites they own, operate, or control equally accessible to individuals with disabilities.”

Kane and Myers are asking the Court to certify their case as a class action lawsuit that would represent tens of thousands of deaf or hearing-impaired consumers who have also been harmed by Zoom’s refusal to offer closed captioning for free as part of their basic, no-cost web meeting services.

“[Zoom’s] discrimination sends a message that it is acceptable for service providers to adopt policies, procedures, and practices that deprive deaf and hearing-impaired individuals of the opportunity to fully participate in its services,” the class action lawsuit argues.

Kane and Myers say the paywall between them and Zoom’s closed captioning services is particularly burdensome given the ongoing coronavirus pandemic, and given the fact that those living with disabilities are at high risk for contracting COVID-19.

The disabled population has been encouraged to stay at home as much as possible, which has made access to tools that allow them to work from home and to stay in contact with loved ones vital.

“This underscores the importance of access to online services, such as the defendant’s video conferencing platform, for this especially vulnerable population,” the class action lawsuit says. “For many disabled individuals, they are relying on the defendant’s video services for contact with friends and family – a service that is free for those who can hear, but requires a surcharge for the hearing-impaired.”

Are you a deaf or hearing-impaired person who has struggled to make use of Zoom’s web meeting services because of the cost barriers to accessing closed captioning? Tell us about it in the comment section below.

Lead plaintiffs Kane and Myers and the proposed Class Members are represented by Scott A. Kamber of KamberLaw, LLC and Benjamin J. Sweet, Alison Bernal and Margaret Parker of Nye, Stirling, Hale & Miller, LLP.

The Closed Captioning Class Action Lawsuit is Russell Kane, et al. v. Zoom Video Communications Inc., et al., Case No. 2:20-cv-06136, in the U.S. District Court for the Eastern District of New York.

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