Does this imply that if you offer video content, you must have "synchronized captions that are accurate and identify any speakers in the video"? Does this apply to Youtube or Vimeo?
It’s a challenging requirement because both can be difficult/expensive to implement, especially for smaller organizations.
Technology is catching up to make this easier, with automatic captioning AIs and better software for creating transcriptions. On the audio description side of things we’re seeing improved browser support for TTS description tracks on HTML video, so you don’t have to hire a narrator.
In the cast of Teachers Test Prep, it was training videos that someone had to watch as a condition of employment. So it was an employment law issue - they could have complied by offering one-on-one accessible tutoring instead of captions.
Mom-and-pop Youtube influencers do not legally have to caption anything.
Teacher's Prep sounds like an online-only course program. Why couldn't they pull this alleged online-only Netflix loophole?
The CVAA doesn't apply to Teachers Test Prep any more than it does to Netflix. But Title III of the ADA includes a section on "Examinations and courses" that states "Any private entity that offers examinations or courses related to applications, licensing, certification, or credentialing for secondary or postsecondary education, professional, or trade purposes shall offer such examinations or courses in a place and manner accessible to persons with disabilities or offer alternative accessible arrangements for such individuals"[2]. That's what the Justice Department found them to be in violation of. The fundamental problem was that their courses were inaccessible; lack of captioning (or other "alternative accessible arrangements") was what caused them to be in violation but wasn't a violation in and of itself.
[1] https://www.fcc.gov/consumers/guides/21st-century-communicat...
[2] https://www.ecfr.gov/current/title-28/chapter-I/part-36/subp...