eBay wins, Netflix loses

Posted by on Aug 28, 2012

A federal judge has ruled in favor of eBay, dismissing allegations that the auction website violated the Americans with Disabilities Act by requiring a telephone to verify sellers identities.  The suit was filed by a deaf woman, who claimed she was unable to register to the site’s services as a result of their policy.  This ruling appears to be at odds with District Judge Michael Posnor’s ruling against Netflix.  Posnor’s ruling allowed the National Association of the Deaf to proceed with its lawsuit alleging that Netflix violated the Americans with Disabilities Act by failing to provide closed captioning in its online services.  Santa Clara university law professor says that the Netflix case is an outlier, and that the eBay decision is consistent with “a long list of precedent” in the area.