**DA 04-1738**

**Released: June 18, 2004**

**FCC Reminds Public of Requirements Regarding Internet Relay Service
and Issues Alert**

The FCC has recently received several inquiries concerning the
appropriate use of IP Relay Service, a form of Telecommunications Relay
Service (TRS), and issues this Public Notice to provide guidance to
consumers, TRS providers, and merchants that conduct business via
telephone. In addition, this Public Notice is intended to alert the
public regarding the fraudulent use of IP Relay Service, and to suggest
steps they can take to avoid becoming victims.

TRS enables an individual with a hearing or speech disability to
communicate by telephone with a person without such a disability. This
is accomplished through TRS facilities that are staffed by specially
trained communications assistants (CAs) using special technology. The CA
relays conversations between persons using various types of assistive
communication devices and persons who do not require such assistive
devices. In a traditional text-based TRS call, the caller types the
number of the TRS facility and, after reaching the facility, types the
number of the party he or she desires to call. The CA, in turn, places
an outbound voice call to the called party. The CA serves as the
\"link\" in the conversation, converting all TTY messages from the
caller into voice messages, and all voice messages from the called party
into typed messages for the TTY user. The process is performed in
reverse when a voice telephone user initiates a traditional TRS call to
a TTY user. TRS also includes Video Relay Services (VRS), Internet
Protocol (IP) relay, and Speech-to-Speech (STS).

IP Relay is a form of TRS that uses the internet, rather than the Public
Switched Telephone Network, to place the leg of the call from the person
with a hearing or speech disability to the TRS CA. The IP Relay user
establishes a local connection to an Internet service provider (ISP)
using a computer, web phone, personal digital assistant (PDA) or any
other IP-capable device. The IP Relay user then reaches a CA by
directing the web browser to one of the IP Relay providers' web sites.
When the IP Relay user is connected to the IP Relay service provider,
the user is immediately routed to a CA, who then makes the outbound call
to the hearing person and relays the call between the parties.

The Commission has received complaints from vendors, consumers, and TRS
providers that people are using the IP Relay to make telephone purchases
using stolen or fake credit cards. Although such purchases are illegal,
and the Department of Justice and the FBI can investigate, due to the
transparent nature of the CA's role in a TRS call the CA may not
interfere with the conversation. The TRS statutory and regulatory scheme
do not contemplate that the CA should have a law enforcement role by
monitoring the conversations they are relaying.

The Federal Trade Commission is aware of this problem and has instructed
that persons who have been defrauded should contact the FTC directly at
[www.ftc.gov](http://www.ftc.gov/) or [877-FTC-HELP]{.underline}. The
FBI also has a website for complaints and information regarding internet
crimes: [www.ic3.gov](http://www.ic3.gov/).

Since this type of fraud first became apparent, the TRS Providers have
worked to develop methods to determine which IP Relay calls are
fraudulent, and therefore have been able to prevent many of these calls
from reaching the intended victims. This has been achieved without
negatively impacting legitimate users of the service, according to the
IP Relay providers. However, this is still a concern and merchants
should report any fraudulent activity to the FTC, FBI, or their state
authorities.

We encourage vendors that accept orders for their goods and services by
telephone to take steps to ensure that, when they receive a TRS call,
the credit card is valid and the purchaser is authorized to use the
particular credit card, just as they would do with any other telephone
order. We also remind vendors that Title III of the Americans with
Disabilities Act of 1990 (ADA) does not permit merchants to treat
persons with a hearing or speech disability differently than they treat
others. Therefore, if they accept telephone orders from the general
public, they cannot refuse to accept them from persons with hearing or
speech disabilities using TRS. For more information on the applicability
of the ADA in this context, see generally the United States Department
of Justice's ADA homepage, at
[www.usdoj.gov/crt/ada/adahom1.htm](http://www.usdoj.gov/crt/ada/adahom1.htm)
or contact the DOJ ADA Information Line at 800-5145-0301 (voice) or
800-514-0663 (TTY).

The full text of this document is available for public inspection and
copying during regular business hours at the FCC Reference Information
Center, Portals, II, 445 12^th^ Street, SW, Room CY-A257, Washington, DC
20554. This document may be purchased from the Commission's duplicating
contractor, Best Copy and Printing, Inc., Portals II, 445 12^th^ Street,
SW, Room CY-B402, Washington, DC 20554. Customers may contact BCPI, Inc.
at their web site: [www.bcpiweb.com](http://www.bcpiweb.com/) or call
1-800-378-3160.

To request materials in accessible formats for people with disabilities
(braille, large print, electronic files, audio format), send an e-mail
to <fcc504@fcc.gov> or call the Consumer & Governmental Affairs Bureau
at (202) 418-0530 (voice) or (202) 418-0432 (TTY). This *Public Notice*
can also be downloaded in Word and Portable Format at
<http://www.fcc.gov/cgb.dro>.

Consumer & Governmental Affairs Bureau Contact: Dana Jackson, (202)
418-2247 (voice), (202) 48-7898 (TTY); e-mail <dana.jackson@fcc.gov>.

**-FCC-**