What's happening
This bill requires wireless providers to allow domestic violence victims to leave shared phone plans without penalty and get a new number.
Why it matters
Empowers survivors to control their communications. By allowing domestic violence victims to leave shared phone plans and obtain a new number quickly, the bill helps survivors cut off unwanted contact and regain privacy from abusers, which is often a crucial step in leaving an abusive situation.
Lowers financial and administrative barriers for victims. Victims can exit contracts without facing termination fees or penalties, reducing the financial burden and bureaucratic obstacles that might otherwise discourage or prevent them from separating their phone service.
Recognizes a range of valid proof. The bill accepts various forms of documentation (police reports, court orders, affidavits from professionals, etc.), making it more accessible for victims who may not have a traditional police report but do have credible evidence of abuse.
Mandates swift action by wireless providers. By requiring providers to assign a new phone number within 24 hours upon request, the bill ensures that survivors are not left vulnerable for extended periods and can quickly secure their communication channels.
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Who cares
Headline styles
Let Abuse Victims Leave Phone Plans
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to consumer protection
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let Abuse Victims Leave Phone Plans
In Senate Committee · Consumer Protection · Sponsor Nily Rozic
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8786
IN SENATE
May 18, 2018
Introduced by Sen. MAYER -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The general business law is amended by adding a new section 399-cccc to read as follows:
§ 399-cccc. Wireless telephone services; domestic violence victims. Every provider of wireless telephone service, as defined in paragraph (b) of subdivision one of section twelve hundred twenty-five-c of the vehicle and traffic law, shall allow a person who is under a shared phone plan contract with such provider and who is a victim of domestic violence involving another person under such shared phone plan contract, to opt-out of such contract without charge when such person requests to opt-out in writing and provides to such provider of wireless telephone service any of the following documents, which shall relate to such domestic violence, within six months of the document's issuance: (a) a valid domestic violence incident report form, as such term is defined in subdivision fifteen of section eight hundred thirty-seven of the executive law; (b) a valid police report; (c) a valid order of protection; (d) a signed affidavit from a licensed medical or mental health care provider, employee of a court acting within the scope of his or her employment, social worker, a rape crisis counselor, as defined in section forty-five hundred ten of the civil practice law and rules, or advocate acting on behalf of an agency that assists domestic violence victims. A claim for opting-out of such contract without charge shall be made in good faith. Such provider shall waive the otherwise applicable charges for such person requesting to opt-out of such contract. Any person requesting an accommodation pursuant to this section may request, and if requested shall be provided at no cost to such person, a new telephone number within twenty-four hours from the request for such accommodation.
§ 2. This act shall take effect immediately and shall apply to contracts entered into or renewed on and after such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01136-04-8
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 whom 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 provisions
Section I of the bill amends the general business law by adding new section 399-ccc to provide 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.
Section II sets forth the effective date.
Difference between original and amended version (if applicable)
The amended version makes a technical change to the effective date.
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 iden- tification 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, circum- stances 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, creat- ing 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
2017: A00946A (Rozic) - Passed Assembly 2016: A00326A (Rozic) - Passed Assembly 2015: A00326 (Rozic) - Passed Assembly 2014: A07964B (Rozic) - Passed Assembly 2013: A07964 (Rozic) - Corporations, Authorities & Commissions
Fiscal implications for state and local governments
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.