§269-16.93  Release of domestic abuse victims from shared wireless plans.  (a)  All wireless telecommunications service providers shall release, without charge, penalty, or fee, any victim of domestic abuse from a shared or family wireless service contract involving the victim's abuser; provided that the victim submits an opt-out request in writing and with evidence of domestic abuse as documented by any of the following items:

     (1)  Valid police report documenting an instance or series of instances of domestic abuse;

     (2)  Order for protection granted pursuant to chapter 586; or

     (3)  Signed affidavit from a licensed medical or mental health care provider, employee of a court acting within the scope of their employment, or social worker.

     (b)  When a victim of domestic abuse submits an opt-out request to a wireless telecommunications service provider pursuant to subsection (a), the wireless telecommunications service provider shall, within forty-eight hours from the time the opt-out request is submitted to the wireless telecommunications service provider:

     (1)  Transfer the billing authority and all rights to the wireless telephone number or numbers of a shared wireless plan to the person who has been granted the release pursuant to subsection (a); or

     (2)  Remove or release the person, who has been granted the release pursuant to subsection (a), from a shared wireless plan and assign a substitute telephone number or numbers,

without charge, penalty, or fee.

     (c)  A cause of action shall not lie against any wireless telecommunications service provider, its officers, employees, or agents for the actions taken that are related to the transfer of the billing authority and rights to the wireless telephone number or numbers in accordance with this section.

     (d)  For purposes of this section:

     "Domestic abuse" shall have the same meaning as in section 586-1.

     "Wireless telecommunications service" shall have the same meaning as "commercial mobile radio service" as defined in title 47 Code of Federal Regulations section 20.3.

     "Wireless telecommunications service provider" means a provider of wireless telecommunications service. [L 2015, c 219, §2; am L 2016, c 9, §1]

Cross References

  Transfer or release of domestic abuse victims from shared wireless plans, see §586-5.8.