Netflix
Netflix sold the same subscription to everyone but only let some people understand the shows.
In 2010, the National Association of the Deaf sued Netflix because most of its streaming catalog had no closed captions. Deaf customers were paying the same monthly fee as everyone else, but couldn't follow the dialogue in most shows. Netflix argued the ADA only applied to physical places — they were just a website, so it shouldn't count.
A federal judge in Massachusetts disagreed in 2012, ruling that streaming services count as "places of public accommodation" under the law. Netflix paid $795,000 in legal fees and agreed to caption 100% of its catalog within two years. This was the first major ruling that pure online businesses — no physical store needed — fall under the ADA.
Settlement
$795K
Court
District of Massachusetts
Case
National Association of the Deaf v. Netflix, Inc.
3:11-cv-30168
Outcome
Consent decree settlement — Netflix paid $755,000 in attorney fees and costs plus $40,000 to NAD for compliance monitoring; committed to 100% captioning of streaming library by September 30, 2014
What went wrong on the site
Each visual below shows what visitors with disabilities actually experienced.
No CC
Deaf users get audio dialogue with no captions
Audio and video content had no closed captions — deaf and hard-of-hearing users got no access to the dialogue.
WCAG 1.2.2 Captions (Prerecorded)
Sources & documentation
- Civil Rights Litigation Clearinghouse — NAD v. Netflix, 3:11-cv-30168Primary
- DREDF — NAD v. Netflix case summaryPrimary
- Seyfarth Shaw ADA Title III — Netflix settlement Oct 2012Primary
- DOJ Statement of Interest (ADA coverage argument)Primary
- Federal judge rules ADA covers web-only businesses — Lainey Feingold
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