Requires wireless telephone companies that offer shared or family plans to allow victims of domestic violence to be released from the account without penalty in instances of domestic violence

2 Co-sponsors

• Gustavo Rivera
• John L. Sampson

BILL NUMBER:S5032B

Title of bill

An act to amend the general business law, in relation to requiring the release of individuals from shared or family wireless telephone plans in instances of domestic violence

Purpose or general idea of bill

To allow victims of domestic violence who have sought and received a permanent order of protection, and are under contract for a "family plan" or other "shared minute" wireless telephone services plan offered by wireless telephone company to break such contract without penalty.

Summary of specific provisions

Section 1 Amends the public service law by adding a new section 92-h, which provides that a wireless telephone services company, as defined in section 1225-c(1)(b) of the vehicle and traffic law, local exchange telephone corporation shall allow a customer who is under a shared minute and/or family plan contract to opt out of such contract, without penalty, if such customer is a victim of domestic violence, requests release in writing and possesses a permanent order of protection.

Justification

In 2010, the State of New York extended a new protection to victims of domestic violence through chapter 327 of the laws of 2010. Chapter 327 provided that a victim of domestic violence, as defined in section four hundred fifty-nine of the social services law could require local exchange telephone companies or cable television companies providing to telephone services to provide an anonymous listing or pseudonymous identification without charge, where the customer was a victim of domestic violence, requested the identity protection service in writing, and had sought and received a permanent order of protection from their batterer.

In the intervening years, a number of victims of domestic violence have availed themselves of this protective service provided by telephone corporations and cable television companies. As the telecommunications industry and its products and services have changed however, circumstances have given rise to the need to extend the protections necessary for certain victims of domestic violence who may have engaged in a "shared minute" or "family plan" contracts with wireless telephone companies.

This legislation would allow victims of domestic violence who have sought and received a permanent order of protection, and are under contract with a wireless telephone company to opt out of such plans without penalty.

While "shared minute" and "family plan" contracts allow customers to save money by consolidating telephone, cable and Internet services with one provider, fees for early cancellation of such contracts vary widely across providers and can be levied against victims of domestic fleeing their batterers. When fleeing a batterer, victims of domestic

violence often leave behind items of great intrinsic and financial value, creating significant challenges to their ability to afford to move to safety. Providing an escape clause in such shared minute and family plan contracts so that victims of domestic violence will not have to continue paying for services at a location they have fled is good public policy, and consistent with New York's and the telecommunications industry's historic support for domestic violence victims.

Prior legislative history

2013: S.5032 - Energy & Telecommunications

Fiscal implications

None.

Effective date

This act shall take effect immediately.