January 15, 2015, New York, New York –Mr. Larry Whitt of New York, New York filed a federal court complaint last Thursday against Prosper Funding, LLC, and Prosper Marketplace, Inc. (collectively “Prosper”), for refusing to accept calls placed through a Video Relay Service (VRS). Mr. Whitt called Prosper to clarify instructions about opening an account. When Prosper learned that Mr. Whitt was calling them through VRS, they terminated the call, suspended the account, and required him to submit notarized documents and copies of multiple forms of identification before they would reinstate his account. Despite Mr. Whitt complying with these onerous requirements, Prosper rejected his efforts and Mr. Whitt’s account remains suspended.
Mr. Whitt is represented by the National Association of the Deaf (NAD) and Eisenberg & Baum, LLP. The lawsuit, filed in the United States District Court for the Southern District of New York, alleges that Defendants’ refusal to accept Mr. Whitt’s VRS calls violated Title III of the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law.
Mr. Whitt, through his attorneys, has asked that the court order Prosper to accept and respond to relay calls in the same manner as other telephone calls as mandated by federal regulations, as well as award Mr. Whitt compensatory damages and pay attorney fees and costs.
This lawsuit is important due to the widespread practice of banks, lending institutions, and other entities refusing to accept relay calls or imposing additional burdens on individuals who use these services. “It is shocking that, in the 21st Century, deaf and hard of hearing people are still fighting for the right to place a simple phone call,” stated Howard A. Rosenblum, Esq., CEO of the NAD. “By filing this lawsuit, we hope to educate businesses about the importance of providing effective and equal services for their deaf and hard of hearing clientele and accepting telephone calls from this clientele, including through relay systems.”
This is one of several lawsuits that the NAD has filed in recent years regarding banks’ and lending institutions’ refusal to accept VRS calls.
The NAD is grateful for the support and assistance of both Eisenberg & Baum, LLP, and the law students in the University of Maryland’s Civil Rights of Persons with Disabilities Clinic.
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The National Association of the Deaf (NAD) is the nation’s premier civil rights organization of, by and for deaf and hard of hearing individuals in the United States of America. The advocacy scope of the NAD is broad, covering a lifetime and impacting future generations in the areas of early intervention, education, employment, health care, technology, telecommunications, youth leadership, and more – improving the lives of millions of deaf and hard of hearing Americans. The NAD also carries out its federal advocacy work through coalition efforts with specialized national deaf and hard of hearing organizations, as well as coalitions representing national cross-disability organizations.
Eisenberg & Baum, LLP is a highly respected New York City law firm and is committed to nationwide advocacy to protect the rights of deaf and hard of hearing people.