Nelnet emailed me the third party release forms.

So I emailed them a response. I will be copying this into a letter, printing it out, then will send it via standard mail so they have a hard copy of it.

I have already begun looking for an attorney, if you know of one, the referral would be appreciated.

Here is the email from me to Nelnet:

Hi-

Online password failed due to my not remembering the answer to one of the security questions.

I’m deaf, so I have to call via the relay services. I called Nelnet, only to be told I cannot make my payment via phone or have my password reset due to the phone call being via third party. I stated to you over the phone that I would be taking legal action.

So consider this your second notice, this time via email. I will be submitting you a similar letter via mail just to make sure the message gets across.

This is illegal.

See:
(2) Telecommunications Relay Services, the Americans with Disabilities Act of 1990, and the Telecommunications Act of 1996, 12 F.C.C.R. 1152, 1169 (Jan. 14, 1997).

For clarification on the American with Disabilities Act, Telecommunications act of 1996, and how it impacts Nelnet on handling calls placed via Video Relay Services, please visit:

http://www.nad.org/issues/telephone-and-relay-services/relay-services/message-businesses-dont-hang

You tried to placate me by telling me all I have to do was sign a third party release form and fax/email it back to you. You failed to take into consideration that this does not constitute as functional equivalency– hearing people can call you, but I have to sign a form before I can call you? I’m sorry, but that’s simply unfair for the deaf.

Then there’s also a very important factor: I don’t have a fax or printer, nor a scanner. Which means I’d have to go down to Kinko’s, PAY to be able to print out your form, sign it, then PAY again to have it faxed to you, then wait for you to contact me to confirm I may now contact you via VRS, THEN finally call you simply to make my monthly payment. This method means I will be late with this month’s payment, so you will then also assess me a late fee.

In short, you’re making me pay a penalty for being deaf.

I tried to explain all of this to you via phone, and even requested to speak to a supervisor, who then informed me that the policy stands, that I cannot make my payment nor reset my password, that I must adhere to your policy, even though it’s in clear violation of the law.

In face of your failure to comply with the law, I have gone ahead and filed a complaint with the Federal Trade Commission, and brought this issue to the attention of the California State Attorney General, and also called my congressman. I also notified the National Association of the Deaf, and will be contacting the Federal Disability Law Center in Washington DC to investigate all possible avenues for bringing Nelnet into full compliance with the law.

I will also be seeking an attorney to pursue further legal action. Since you have denied me ability to remit payment, and since what you’re asking me to do is a violation of law, out of principle, I will not comply with your request to sign the third party form, and will also not pay any late fees, interest, and any other financial charges accrued during the period of your refusing to process VRS calls. Once you start processing VRS as standard calls without requiring any further action on the disabled person’s part, I will then promptly call you to both reset my password and make my payment. As stated, even if you begin accepting VRS calls, I will not pay you interest, late fees, as well as any other charges resulting from your denial of my ability to remit payment via phone. You will be expected to dismiss those fees/charges, and waive interest during this period. Failure to do so will result in my seeking legal action and legal redress.

Regards,
Don Cullen

Let’s see if that gets a response from them. On that note, I’ll go call the Federal Disability Law in Washington, DC. Maybe Kelby Brick will know of a decent attorney since he’s a VRS activist, I’ll email him for advice and to see if he can give me an referral.