Title IV of the ADA: How It Changed the Game for Deaf and Hard-of-Hearing Communities

In the vast timeline of civil rights legislation, there are a few standout moments that signaled a seismic shift in the way we approach accessibility in America. The Architectural Barriers Act of 1968, for example, mandated that federally funded facilities accommodate people with disabilities.

Then there was the Education for All Handicapped Children Act of 1975, which later morphed into the Individuals with Disabilities Education Act (IDEA), guaranteeing free appropriate public education for those with disabilities. But even with these advances, there was one glaring area left behind in the dust of progress: communications technology.

That was until the Americans with Disabilities Act (ADA) hit the scene in 1990, particularly Title IV of the act, which was like a sledgehammer to the communication barriers that had long plagued the Deaf and Hard-of-Hearing (HoH) communities. Title IV didn't just open a door; it kicked it wide open, making telecommunications accessible to people who are deaf, hard of hearing, or have speech disabilities.

Breaking Down Title IV: The Revolution in Telecommunications

The ADA was a turning point in many ways, but Title IV stands out for how it fundamentally altered the communication landscape for millions of Americans. Enacted to ensure that people who are deaf, hard of hearing, or who have speech disabilities can access telecommunications services, this piece of legislation has not only expanded and improved communication methods but also spurred the creation of new technologies and business opportunities aimed at serving this community.

Before the ADA, the main tool for people with hearing and speech disabilities was the teletypewriter, or TTY. It was revolutionary in its own right—a clunky device that allowed text communication over traditional phone lines, enabling a modicum of interaction that had been largely inaccessible before. But here’s the catch: there was no real incentive for telecom companies to invest in improving the technology. So, for a long time, the TTY was as good as it got.

When the ADA passed, it was like throwing a pebble into a pond, creating ripples that are still spreading today.

Bruce Peterson, senior director of marketing for CaptionCall, a firm providing captioned telephone services for people with hearing loss, put it well: “The promise of the ADA is still evolving.” In other words, while we might be patting ourselves on the back for installing wheelchair ramps and accessible restrooms, the work of delivering true accessibility—especially in telecommunications—is ongoing.

The Evolution of Telecommunications Relay Services (TRS)

Telecommunications Relay Services (TRS) are the backbone of Title IV. These services, which include Captioned Telephone Service (CTS) and Video Relay Service (VRS), are designed to provide “functionally equivalent” communication for people with hearing or speech disabilities. And while the intention was clear from the outset, it took time—and a fair amount of pushing—to get telecom companies on board.

Initially, major telecom companies like AT&T and Verizon saw TRS as a financial drain, with little to no return on investment. It wasn’t until companies like Sorenson Communications stepped in that we started to see real innovation. Sorenson, for example, launched its first videophone, the VP-100, in 2003, allowing deaf individuals to communicate via sign language through a video interpreter. It was a game-changer, and not just for those who were deaf or hard of hearing—it also highlighted the need for continuous innovation in the space.

The Promise of IP Captioned Telephone Service (IP CTS)

But let’s not get too comfortable. While VRS has seen widespread adoption, especially among the tight-knit Deaf community, the hard-of-hearing population—about 48 million Americans—has largely been left in the shadows. This is where IP Captioned Telephone Service (IP CTS) comes into play.

IP CTS allows individuals with hearing loss to use a standard telephone line combined with broadband internet to receive captions of what the other party is saying in real-time. Sorenson Communications, leveraging its success with VRS, launched CaptionCall in 2011 to cater to this underserved market. Yet, even with this advancement, the service remains one of the best-kept secrets of the ADA. 

Peterson points out that even audiologists were unaware of the service, which speaks volumes about how much work remains to be done in educating both potential users and healthcare professionals about these available resources.

The Continuing Struggle for Accessibility

So, where are we now? Despite the progress made, there are still significant challenges to fully realizing the promise of Title IV. For one, the Federal Communications Commission (FCC), which is responsible for implementing the provisions of Title IV, often finds itself at odds with companies over issues of funding and eligibility requirements.

For example, the FCC once mandated that individuals pay $75 for IP CTS equipment, a move that Peterson and others argued would disproportionately impact economically disadvantaged individuals. CaptionCall challenged the regulation, and in 2013, a court sided with them, ruling that the FCC had failed to follow due process. But the battle is far from over—questions about eligibility and appropriate funding models are ongoing, and companies providing these vital services need better incentives to continue innovating.

The Road Ahead: Beyond Title IV

Looking ahead, the future of telecommunications for the Deaf and Hard-of-Hearing communities will depend not just on compliance with existing laws, but on a commitment to push the boundaries of what accessibility can mean. As technology evolves, so too must our understanding of how to create truly inclusive systems. 

In the words of Chris Danielsen, director of public relations for the National Federation of the Blind, “Technology can be very liberating when it’s designed in a way that we [people with disabilities] can use it.” The same holds true for telecommunications. The tools are there, the legislation is in place, but the true liberation will come when every person who needs these services knows they exist—and has unfettered access to them.

Title IV was a monumental step forward, but it’s clear that the work of delivering on its promise is ongoing. For now, we can celebrate the victories, like the widespread adoption of VRS and the growing awareness of IP CTS. But we must also recognize that the landscape of accessibility is still shifting—and that there are many more battles to be won before we can say that true communication equity has been achieved.