Regus review: Unlawful and indirect discrimination - unauthorised payments and concealed practices

To the Complaints Handler of Regus,

I hope this letter finds you well. I am writing to draw your attention to a critical issue that pertains to the rights and wellbeing of ADHD and Neurodivergent accessing your service. Specifically, I would like to address two concerning practices related to subscription-based services that may inadvertently discriminate against ADHD individuals.

Concealing Subscription Terms in Terms and Conditions Documents:

One of the practices we would like to discuss involves concealing the nature of an automatic subscription within the terms and conditions file, which must be purposefully accessed by the ADHD subscriber, rather than clearly stating that an automatic subscription is being accessed on the website page at the time of purchase. This practice can be considered indirect discrimination when viewed in light of the cognitive challenges and traits associated with ADHD:

Cognitive Challenges and Processing: ADHD individuals often encounter difficulties in sustaining attention and focus, particularly when faced with lengthy or complex documents such as terms and conditions. The need to access a separate document filled with legal jargon adds an extra layer of complexity. In contrast, neurotypical individuals generally find it easier to navigate such documents, given their cognitive abilities that allow for better sustained attention and comprehension.

Inattention to Detail: ADHDers frequently exhibit difficulties in attending to fine details, which may lead to overlooking critical information buried in lengthy terms and conditions, particularly when the pertinent information is not displayed at all at the time of purchase. Neurotypical individuals, conversely, are typically better equipped to pay closer attention to content, ensuring they are fully aware of subscription terms.

Impulsivity: ADHD may manifest as impulsivity, causing individuals to make quick decisions without fully considering the implications. In the context of subscription services, accessing terms and conditions that hide automatic subscription details could lead to impulsive sign-ups without adequate understanding. Neurotypical individuals are generally less prone to impulsive decision-making.

Protected Characteristic: ADHD is recognised as a protected characteristic under disability laws in the UK. These laws mandate reasonable accommodations to ensure individuals with disabilities are not placed at a disadvantage due to their condition. Hiding automatic subscription details in a separate document can be seen as failing to make reasonable adjustments - which legally include 'anticipatory' adjustments - to accommodate the cognitive challenges faced by ADHDers.

Transparency and Accessibility: Disability laws emphasise the importance of transparency and accessibility. Clear and upfront communication regarding subscription terms is crucial to ensuring that individuals, regardless of their cognitive profile, have equal access to information that may impact their decisions.

In summary, concealing the nature of an automatic subscription within a separate terms and conditions document that must be actively accessed can be viewed as indirect discrimination against ADHD individuals. This practice may exploit the cognitive challenges, impulsivity, and inattention to detail associated with ADHD, potentially leading to subscriptions without full awareness or consent. Disability laws prioritise transparency and reasonable accommodations to mitigate such disadvantages, emphasising the need for clear, easily accessible information regarding subscription terms.

Lack of Clarity in Automatic Resubscription Policies:

The second issue pertains to subscription-based services that do not clearly state their automatic resubscription policies. This practice can also be seen as indirectly discriminating against ADHD individuals due to the unique cognitive challenges associated with the condition:

Memory and Processing Challenges: ADHD individuals often face difficulties with memory and processing information. This includes remembering specific dates, such as subscription renewal dates and the date of which notification of cancellation must be delivered, and processing the implications of automatic resubscriptions. Neurotypical individuals generally do not face the same level of challenge in this regard, as their cognitive functioning allows for better recall and processing of information.

Executive Functioning Impairments: Executive functioning, which involves skills like planning, organising, and task management, is frequently impaired in ADHD individuals. Canceling a subscription before it renews requires proactive planning and organisation, which can be particularly challenging for ADHD individuals. Neurotypical individuals may find it easier to manage such tasks.

Risk of Financial Consequences: Automatic resubscriptions may lead to financial consequences for individuals who, due to their ADHD-related challenges, fail to cancel subscriptions in a timely manner. The practices of Regus in this regard have resulted in unexpected charges and financial stress. Neurotypical individuals are less likely to face these challenges and related financial risks.

Protected Characteristic: As highlighted above, ADHD is considered a protected characteristic under disability laws in the UK. Automatic resubscription policies that do not provide clear information or accommodations, including clear, accessible reminders, can be seen as failing to meet these legal requirements.

In summary, the practice of not clearly stating automatic resubscription policies or providing clear, accessible information and reminders regarding the automatic subscription and guidance of how to cancel in time to avoid resubscription, indirectly discriminates against ADHD individuals, due to their unique cognitive challenges. While neurotypical individuals are generally not at a disadvantage in navigating such subscription models, ADHD individuals experience difficulties managing these processes effectively. Disability laws require reasonable adjustments, as a mandatory duty, to ensure equitable treatment for individuals with protected characteristics, such as ADHD, and addressing the potential disadvantages they face in situations like automatic subscription renewals is a part of this legal mandate.

I kindly request that you consider the implications of these practices on ADHD individuals and take steps to rectify these issues. It is crucial to ensure that ADHDers have equal access to subscription services and are not unfairly disadvantaged due to their condition. I am advocating for greater transparency, accessibility, and reasonable accommodations in subscription models to uphold the rights and wellbeing of ADHDers.

The application of objective justification, particularly in the context of UK Disability Law and Equality Laws, would likely pose significant challenges for Regus in this scenario. Objective justification involves demonstrating that a particular policy or practice that may be indirectly discriminatory is both a proportionate means of achieving a legitimate aim and necessary.

In this case, the legitimate aim could be seen as the service provider's need to secure subscription renewals efficiently. However, it would be difficult for the service provider to argue that concealing the nature of automatic subscriptions within terms and conditions, rather than clearly stating it during the purchase process or in the confirmation email, is a proportionate and necessary means of achieving this aim.

Several factors contribute to this challenge:

Accessibility and Transparency Requirements: UK Disability Law and Equality Laws place a strong emphasis on accessibility and transparency. These laws require service providers to ensure that individuals, including those with disabilities, can access information easily and understand the terms and conditions of services. Hiding critical subscription information within lengthy terms and conditions is inconsistent with these legal requirements.

Reasonable Adjustments: Disability laws mandate reasonable adjustments to prevent indirect discrimination. The reasonable adjustment, in this case, would involve clearly stating the automatic subscription process at the time of purchase or in the immediate confirmation email. This is a straightforward and easily implementable measure that accommodates individuals with disabilities, such as ADHD, who experience difficulties with memory, processing, and impulsivity challenges.

Disproportionate Impact: The practice of concealing automatic subscription details primarily affects individuals with cognitive disabilities or challenges, such as ADHD. It disproportionately impacts this group, as neurotypical individuals are less likely to encounter difficulties in navigating subscription models with clear information. This disproportionate impact raises questions about whether such a policy can be considered proportionate.

Availability of Alternatives: Providing clear information at the time of purchase or in the confirmation email presents a viable and readily available alternative that does not discriminate against individuals with disabilities. Achieving the legitimate aim of securing renewals efficiently can be accomplished through transparent and accessible communication without resorting to hidden terms and conditions.

In conclusion, it is highly challenging for the service provider to justify the practice of concealing automatic subscription details within terms and conditions as an objectively justifiable means of achieving their aims. The legal requirements of accessibility, transparency, and the availability of reasonable adjustments make it difficult to argue that this practice is proportionate and necessary, especially when clear and simple alternatives exist to accommodate individuals with disabilities.

Additonally, in accordance with established principles of disability law, it is imperative to recognise the significance of anticipatory reasonable accommodations. These accommodations are designed to proactively address potential barriers or challenges faced by individuals with disabilities, ensuring equal access and opportunities from the outset. In this case, Regus should have carefully considered this indirect discrimination risk, before implementing a policy that negatively impacts customers with ADHD.

Anticipatory reasonable accommodations acknowledge that individuals with disabilities, including ADHD, may encounter specific difficulties or obstacles that require proactive measures to mitigate. Such accommodations prioritise inclusivity and accessibility by addressing potential barriers before they adversely affect those with disabilities.

By concealing the nature of automatic subscriptions within terms and conditions, without clearly stating this during the purchase process or in the confirmation email, the service provider failed to uphold the principle of anticipatory reasonable accommodations. This practice effectively introduced a hidden obstacle that disproportionately affected customers with ADHD, who may experience difficulties with cognitive challenges such as memory, processing, and impulsivity.

In line with disability laws and equality principles, Regus should have foreseen that customers with ADHD might face difficulties with this subscription model due to their cognitive traits and challenges. Anticipatory reasonable accommodations, such as clearly stating the automatic subscription process at the time of purchase or in the confirmation email, would have been a proactive and easily implementable measure to prevent discrimination against this group of customers.

In summary, the failure to implement anticipatory reasonable accommodations that consider the unique needs and challenges of ADHDers resulted in a policy that negatively impacted these customers. Proactively addressing potential barriers is not only a legal requirement but also a fundamental principle of inclusivity and equal access for all individuals, regardless of their cognitive profile or disability.

Given the circumstances outlined above, I respectfully request a refund for all charges billed under the automatic subscription for Regus, excluding the initial payment, which was the only transaction made with full awareness, in light of my ADHD. Medical evidence can be supplied, on request. I additionally urge you to establish a new policy of transparency on your website during the sign-up process. This policy should explicitly outline the automatic subscription procedure, ensuring that users receive sufficient information about the services they are accessing, prior to agreement, to avoid this discrimination from reoccurring for others.

Account number: [protected].

Sincerely,

Miss R. Partridge

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