A deaf woman in Missouri who wanted to sell books on eBay has sued the online auction site for allegedly violating the Americans with Disabilities Act by requiring sellers to use a telephone to verify
their identities.
In a complaint filed Tuesday in U.S. District Court in the western district of Missouri, Melissa Earll alleges that as a "profoundly deaf" person, she was unable to register
with eBay because the company verifies identity through telephone calls. eBay allegedly gives prospective merchants passwords over the telephone; the registrants must then enter those passwords
online.
Earll says in her lawsuit that she spent two months in the summer of 2008 corresponding with eBay in an unsuccessful attempt to convince the site to use an alternative verification
system. In late 2009, she tried to register as a seller and again was unable to do so, she alleges.
"Plaintiff was never able to register with eBay as a seller and thus prevented from using
eBay's services solely because of her disability," she argues in her lawsuit. Earll is seeking class-action status.
eBay said in a statement that it belives its polices are "consistent with the
Americans with Disabilities Act and related laws." The company added that it "strives to equally serve all of our users in an appropriate, lawful and responsible manner."
Earll is seeking
declaratory judgment that eBay has violated federal anti-discrmination laws as well as state laws in California, where eBay is headquartered. Earll is also seeking monetary damages and an injunction
requiring the site to make its registration procedure accessible to deaf people.
"She wants the system changed," says her lawyer, Michael Aschenbrener of the law firm Edelson McGuire. "She wants
to be able to sell on eBay." He added that she had hoped to auction off rare books she had found in her home.
She proposed in her legal papers that eBay could use CAPTCHAs (Completely Automated
Public Turing test to tell Computers and Humans Apart) for verification. "What makes eBay's discriminatory conduct all the more galling is that solutions to this problem are easy and inexpensive to
implement -- solutions being used by thousands of companies online," the lawsuit alleges.
eBay isn't the only Web company to face litigation for allegedly discriminating against people with
disabilities. In 2008, Target agreed to pay $6 million to settle a case alleging that it
violated the rights of blind people by failing to code its site with sufficient alt text tags, which are used by screenreaders to convert a page's content into speech. Target promised to revamp its
site to add more such tags, and also to make the site easier to navigate by using just a keyboard rather than a mouse.