Authorizes the court to issue orders requiring wireless telephone companies to transfer the billing responsibility and rights to wireless telephone numbers in instances of domestic violence

1 Co-sponsor

• Kevin S. Parker

Title of bill

An act to amend the family court act, in relation to authorizing the court to issue orders requiring wireless telephone companies to transfer the billing responsibility and rights to wireless telephone numbers in instances of domestic violence

Purpose

To authorize the family court to issue orders requiring wireless telephone companies to transfer the billing responsibility and rights to wireless telephone numbers in instances of domestic violence.

Summary of provisions

Adds a new section (848) to the family court act to ensure the foregoing.

Justification

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.

Legislative history

New bill.

Fiscal implications

None.

Effective date

First of January next succeeding; provided that effective immediately the chief administrator of the courts is authorized to promulgate any and all rules and regulations and to take any other measures necessary to implement this act on or before such effective date.