Release of Victims from Shared Wireless Plans

(a)For purposes of this Section:

(1)“Abuser” means an individual who has committed or allegedly committed an act or conduct described in Subsections (a)(2),

(3)and

(4)of this Section;

(2)“Family violence” means any act or conduct described in 9 GCA § 30.10(a);

(3)“Sexual assault” means any act or conduct described in 9 GCA, Chapter 25, §§ 25.15, 25.20, 25.25, 25.30, and 25.35;

(4)“Stalking” means any act or conduct described in 9 GCA, Chapter 19, § 19.70;

(5)“Wireless telecommunications service” shall have the same meaning as “commercial mobile radio service” as defined in 47 C.F.R. § 20.3;

(6)“Wireless telecommunications telecommunications service. service provider” means a provider of wireless

(b)Nothing in Subsection

(a)of this Section shall be construed to require a criminal conviction in order for an act or conduct to constitute family violence, sexual assault, or stalking.

(c)All wireless telecommunications service providers shall remove or release, without charge, penalty, or fee, any victim of family violence, sexual assault, or stalking from a shared or family wireless service contract involving the victim’s abuser; provided, that the victim, or the victim’s attorney or advocate, submits the opt-out request in writing and with evidence of family violence, sexual assault, or stalking as documented by any of the following items:

(1)a valid police report documenting an instance or series of instances of family violence, sexual assault, or stalking;

(2)a valid court order of protection; or

(3)a declaration under penalty of perjury from a licensed medical or mental health care provider, an employee of a court acting within the scope of their employment, a social worker, or an advocate acting on behalf of an agency that assists victims of family violence, sexual assault, stalking, or criminal sexual conduct.

(d)When an opt-out request is submitted to a wireless telecommunications service provider pursuant to Subsection

(c)of this Section, the wireless telecommunications service provider shall, within forty-eight

(48)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

(c)of this Section, if such a transfer is requested by or on behalf of the victim with the victim’s approval; or

(2)remove or release the person who has been granted the release pursuant to Subsection

(c)of this Section from a shared wireless plan and assign a substitute telephone number or numbers, without charge, penalty, or fee.

(e)A wireless telecommunications service provider shall make information about the options and process described in Subsections

(c)and

(d)of this Section readily available to consumers:

(1)on its website and any mobile application of the provider;

(2)in physical stores; and CH. 30 FAMILY VIOLENCE

(3)in other forms of public-facing consumer communication.

(f)A wireless telecommunications service provider shall treat any information submitted by a victim under Subsection

(c)of this Section as confidential.

(g)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.