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Media organizations and companies are required under the Americans with Disabilities Act to provide Closed Captioning for their programming, which is becoming an increasing problem with television and movie streaming companies such as Netflix and Redbox Instant.
The Americans with Disabilities Act became law in 1990 under former President George H.W. Bush. The federal law addresses employment, government services, public accommodations and telecommunications, among other things, to ensure that those with disabilities are not discriminated against and that accommodations are made for those who are disabled.
About 36 million Americans living in the United States are deaf or hard of hearing and rely on Closed Captions if they want to watch television or movies.
Under the ADA, production companies are not required to add Closed Captions to DVDs and other such media. However, companies who deliver DVDs or other services do have an obligation under the law to make sure any audiovisual materials are made accessible to those who are deaf or hard of hearing, which is possible by adding Closed Captions.
While movie producers, studios and distributors can do this on a voluntary basis, it has become increasingly more common for them to do so, especially with wide-release movies.
When it comes to broadcasters, cable companies and satellite television, all of their content must include Closed Captions for new, non-exempt, English language programing.
This part of the ADA is enforced by the Federal Communications Commission.
In 2010, Congress passed the 21st Century Communications and Video Accessibility Act, which was signed into law by President Barack Obama on Oct. 8 of the same year.
The new law further expands the types of devices that must add Closed Captions, which now includes any device that can receive or display video programming with simultaneous sound as well as any programming that is transmitted via the Internet.
This would include live streaming services such as Netflix, Hulu, and Redbox Instant by Verizon.
A class action lawsuit was recently filed against Redbox by a California man who alleges that the movie rental and streaming company has violated the American with Disabilities Act because it has not included Closed Captioning on all of the DVD, Blu-Ray and streaming content that it offers, as is required by law. Plaintiff Francis Jancik also says that Redbox has violated the false advertising law in California because some of the movies that don’t have Closed Captioning are advertised that they do.
If you or someone you know, who is hearing impaired, rented a movie from Redbox and were not able to watch it because it did not include Closed Captioning, legal options may be available. Learn more at the Redbox Movies Closed Captioning Class Action Lawsuit Investigation where a lawyer will review your claim at no cost.
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