What's happening
This bill lets domestic violence victims leave shared wireless plans without charges and get new numbers.
Why it matters
Statewide protection. Wireless providers would have to release victims whose shared plan includes another person involved in the domestic violence, waiving applicable exit charges.
Documentation required. Victims must submit a written request and qualifying documentation within six months of its issuance. Accepted records include incident reports, police reports, protection orders and affidavits from specified professionals or advocates.
Free number change. Anyone requesting this accommodation could also request a free new telephone number within 24 hours. The requirements would apply to contracts entered into or renewed on or after the effective date.
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Who cares
Domestic violence victims
People sharing wireless plans with another person involved in the abuse would gain a way to leave without exit charges.
Wireless telephone providers
Companies would have to process documented requests, waive applicable charges and provide requested new numbers at no cost within 24 hours.
Victim advocates and care providers
Specified advocates, social workers and medical or mental health professionals could supply affidavits supporting victims’ requests.
Headline styles
Let Victims Leave Shared Plans
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to consumer protection
- Referred to consumer protection
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2678
2019-2020 Regular Sessions
IN SENATE
January 28, 2019
Introduced by Sens. MAYER, BROOKS, HOYLMAN, JACKSON, LIU, MAY, METZGER -- 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00794-01-9
S. 2678 2
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.
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 2018: S8786 - REFERRED TO CONSUMER PROTECTION
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.